Ex-FBI Director Mueller appointed DOJ Special Counsel

[zraver]

A bit curious. Why is it that the White House is not wanting Bannon to speak?


https://www.cnn.com/2018/01/17/polit...ony/index.html

Executive privilege, Congress' probe was about the election and alleged Russian collusion. Given Schiff's grandstanding it was a smart move.

[snapper]

How could Bannon claim 'executive privalege' when asked about the transition?

[surfgun]

The FISA Memo may be publicly released by mid March.
https://www.theblaze.com/news/2018/0...memo-to-public

[DOR]

The FISA Memo may be publicly released by mid March.
https://www.theblaze.com/news/2018/0...memo-to-public

Check source.

[zraver]

How could Bannon claim 'executive privalege' when asked about the transition?

Because Trump was president elect and privy to state secrets and entitled to frank advice on building his administration. The president elect doesn't have the football yet, or the keys of power to make policy, but in all other regards he is treated the same as the president so he can hit the ground running on day 1.

[zraver]

Latest round of FBI texts released and they have a smoking gun. They prove that Lynch knew there would be no charges against HRC and this before the main players were even interviewed. Its a stunning display of obstruction of justice by the FBI and DoJ.

Page to Strozk July 1 2016; Page: And yeah, it’s a real profile in couragw [sic], since she knows no charges will be brought.

Hillary was not interviewed by the FBI until July 2.

The fix was in. If Lynch knew, then Comey knew.

[tbm3fan]

How could Bannon claim 'executive privalege' when asked about the transition?

The previous answer is incorrect. Only one person can have Executive Privilege and that is the Executive. It is an implied presidential power. President-elect is not the Executive/President and won't be until sworn in. Now if someone can find strong case law that says otherwise we have Bannon/Trump trying to push the envelope.

More recently, a federal district court rejected Kansas Secretary of State Kris Kobach’s objection to production of information about a conversation with president-elect Trump on a legal theory grounded in executive privilege. The court there held:

" Defendant’s argument for withholding the photographed document under the executive privilege is unpersuasive. First, Secretary Kobach’s communication was made to a president-elect, not to a sitting president. Although a president-elect by statute and policy may be accorded security briefings and other transitional prerogatives, he or she has no constitutional power to make any decisions on behalf of the Executive Branch. No court has recognized the applicability of the executive privilege to communications made before a president takes office. If that were the law, it would mean that potentially almost everything communicated to a president-elect by the hundreds of persons seeking appointments in the new administration would be shielded by privilege."

As such, Bannon’s refusal to testify about presidential transition matters looks quite weak.

https://www.justsecurity.org/51134/b...ive-privilege/

Ever hear this old trial lawyer saying? If the evidence is on your side, pound the evidence. If the law is on your side, pound the law. If you have none of that, then pound the table. Someone is doing a lot of table pounding. See post above ^^^

[zraver]

The previous answer is incorrect. Only one person can have Executive Privilege and that is the Executive. It is an implied presidential power. President-elect is not the Executive/President and won't be until sworn in. Now if someone can find strong case law that says otherwise we have Bannon/Trump trying to push the envelope.



https://www.justsecurity.org/51134/b...ive-privilege/

Ever hear this old trial lawyer saying? If the evidence is on your side, pound the evidence. If the law is on your side, pound the law. If you have none of that, then pound the table. Someone is doing a lot of table pounding. See post above ^^^

Except 1. Congress is not a court of law. 2. Trump is now the president and now is when the request for testimony was made. 3. The scope of questions by Schiff were unrelated to Russia. 4. Claims of privilege may be overcome as in your example, but they must be overcome once asserted. We will see if Congress wants to have that fight or it accepts Bannon's claims in fact or by default.

[snapper]

Except 1. Congress is not a court of law. 2. Trump is now the president and now is when the request for testimony was made. 3. The scope of questions by Schiff were unrelated to Russia. 4. Claims of privilege may be overcome as in your example, but they must be overcome once asserted. We will see if Congress wants to have that fight or it accepts Bannon's claims in fact or by default.

So Trump was NOT the 'Executive' (President) during the transition but because he is now he can retroactively claim 'Executive privilege' to times before he was President? How far back can this go? To when he was born? Why should he be permitted to claim privilege to times when he was not President? Can you quote me a precedent for this? Seems like total nonsense to me but I am no expert in US Constitutional law. Seems to me that Congress thinks it's nonsense too as they have subpoena'd Bannon for refusing to answer questions on the transition - allegedly on WH instructions.

[zraver]

So Trump was NOT the 'Executive' (President) during the transition but because he is now he can retroactively claim 'Executive privilege' to times before he was President?

Yes, if it deals with matters touching his current executive functions

How far back can this go? To when he was born?

Probably to the start of serious campaigning

Why should he be permitted to claim privilege to times when he was not President?

Because he was being frankly advised on polices and positions he should take as president.

Can you quote me a precedent for this? Seems like total nonsense to me but I am no expert in US Constitutional law.

Eisenhower, his advisers were not allowed to talk about anything.

Seems to me that Congress thinks it's nonsense too as they have subpoena'd Bannon for refusing to answer questions on the transition - allegedly on WH instructions.

Claims can be overcome but it takes a fight.

[Ironduke]

The Congressional inquiries are pretty much a partisan shitshow on both sides, and executive privilege doesn't apply where it really matters, the special counsel's investigation.

[tbm3fan]

Eisenhower, his advisers were not allowed to talk about anything.

I believe the issue dealt with McCarthy demanding notes from meetings Eisenhower's staff had with Army officials, involving a McCarthy aide, while Eisenhower was President. I do believe that may have been the first time when it came to establishing the precedent on invoking Presidential privilege. Note Eisenhower was President and not Presdient-elect.

[zraver]

I believe the issue dealt with McCarthy demanding notes from meetings Eisenhower's staff had with Army officials, involving a McCarthy aide, while Eisenhower was President. I do believe that may have been the first time when it came to establishing the precedent on invoking Presidential privilege. Note Eisenhower was President and not Presdient-elect.

Trump is president not president elect. He didn't make the assertion of privilege then, he made it now.

[zraver]

The Congressional inquiries are pretty much a partisan shitshow on both sides, and executive privilege doesn't apply where it really matters, the special counsel's investigation.

Still applies there for any questions posed outside of the grand jury. Inside of the grand jury it can be forced by issue of immunity; king for a day. With no immunity the person being questions could simply take the Fifth.

[Ironduke]

Still applies there for any questions posed outside of the grand jury. Inside of the grand jury it can be forced by issue of immunity; king for a day. With no immunity the person being questions could simply take the Fifth.

Bannon isn't taking the 5th with Mueller. He's already agreed to answer any questions Mueller has.