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happyjack click here to view user rating
Member since 22-Sep-04
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16-May-08, 01:22 PM (PST)
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"More on 'Executive Privilege'"
 
In an earlier thread, our esteemed legal colleague Longdong stated:

"Executive privilege" is not legal grounds.

There is no law or statute that gives the president or his minions "executive privilege". The whole concept was made up by Richard Nixon during Watergate as he was trying desperately to wiggle out of responsibility for what he did.

The term has no legal meaning."

http://forum.myredbook.com/dcforum2/DCForumID14/34779.html#18

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I found this an interesting view, because a cursory Google search yielded the following:

http://www.legal-definitions.com/F/executive-privelege.htm

"executive privilege definition– an constitutional privilege that exempts members of the executive branch from disclosing information that affects national security."

http://www.nolo.com/definition.cfm/Term/892DA109-E432-4AD3-B348D9160EA44ECA/alpha/E/

"The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation."

http://www.legal-explanations.com/definitions/executive-privilege.htm

"n. a claim by the President or another high official of the executive branch that he/she need not answer a request (including a subpena issued by a court or Congress) for confidential government or personal communications, on the ground that such revelations would hamper effective governmental operations and decision-making. The rationale is that such a demand would violate the principle of separation of powers among the executive, legislative and judicial branches."

I saved the best for last.................

http://en.wikipedia.org/wiki/Executive_privilege

"The Supreme Court addressed 'executive privilege' in United States v. Nixon, the 1974 case involving the demand by Watergate special prosecutor Leon Jaworski that President Richard Nixon produce the audiotapes of conversations he and his colleagues had in the Oval Office of the White House in connection with criminal charges being brought against members of the Nixon Administration. Nixon invoked the privilege and refused to produce any records.

The Supreme Court did not reject the claim of privilege out of hand; it noted, in fact, "the valid need for protection of communications between high Government officials and those who advise and assist them in the performance of their manifold duties" and that "[h]uman experience teaches that those who expect public dissemination of their remarks may well temper candor with a concern for appearances and for their own interests to the detriment of the decisionmaking process." This is very similar to the logic that the Court had used in establishing an "executive immunity" defense for high office-holders charged with violating citizens' constitutional rights in the course of performing their duties."

Clinton administration

"In 1998, President Bill Clinton became the first President since Nixon to assert executive privilege and lose in court, when a Federal judge ruled Clinton aides could be called to testify in the Lewinsky scandal.[5]

Later, Clinton exercised a form of negotiated executive privilege when he agreed to testify before the grand jury called by Independent Counsel Kenneth Starr only after negotiating the terms under which he would appear. Declaring that "absolutely no one is above the law," independent counsel Kenneth W. Starr said such a privilege "must give way" and evidence "must be turned over" to prosecutors if it is relevant to an investigation."

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That was fun! We should have these group classes more often

Jack

"If U were smarter, I'd have nothing 2 do"

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lurking4ever click here to view user rating
Member since 26-Mar-05
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16-May-08, 02:02 PM (PST)
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1. "RE: More on 'Executive Privilege'"
In response to message #0
 
   LAST EDITED ON 16-May-08 AT 02:04 PM (PST)
 
Jack has an intereing link as to who has envoked executive privilge. The first being the very first President, Washintion. Jefferson also used it as did Truman and Esienhower (sp?).

http://en.wikipedia.org/wiki/Executive_privilege


Also in the Nixon court case a distinction was made between civil and criminal cases as well as laying out that the ultimate outcome is left to the court.

Marberry v. Madison also provides that basis that once the court rules on an issue unless the court overturns it in a later proceeding it is valid. Thus at this point Nixon is valid law and thus Executive Privilege not only has legal meaning but legal standing.


Nihil possumus contra veritatem

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