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Tuesday, March 28, 2017

Hiding Behind Presidential Communication Privilege

Trump is trying to hide behind Presidential Communication Privilege. 

President Trump disrupted the House investigation last week by refusing Sally Yates from giving testimony by Executive Privilege. Democrats want Yates to testify that she was investigating Mike Flynn and that President Trump wanted her to stop it. That is why they believe she was terminated and not for her refusing to prosecute the President's illegal immigration ban. The President is a loser on all counts. This is now public evidence.

"In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government to access information and personnel relating to the executive branch. The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine and derived from the supremacy of executive branch in its area of Constitutional activity.' 
'The Supreme Court confirmed the legitimacy of this doctrine in the United States v. Nixon, but only to the extent of confirming that there is a qualified privilege. Once invoked, a presumption of privilege is established, requiring the Prosecutor to make a "sufficient showing" that the "Presidential material" is "essential to the justice of the case" (418 U.S. at 713-14). Chief Justice Burger further stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch's national security concerns.' 
'Historically, the uses of executive privilege underscore the untested nature of the doctrine, since Presidents have sidestepped open confrontations with the United States Congress and the courts over the issue by first asserting the privilege, then producing some of the documents requested on an assertedly voluntary basis. '" 
"White House sought to block former acting attorney general Sally Yates from testifying to Congress on Russia 
According to letters reviewed by The Post, Yates was told earlier this month by the Justice Department that the administration considers much of her possible testimony to be barred from a congressional hearing because the topics are covered by the presidential communication privilege.  
Yates and other former intelligence officials had been asked to testify before the House Intelligence Committee this week, hearing that was abruptly canceled by the panel’s chairman, Rep. Devin Nunes. As acting attorney general, Yates played a key part in the investigation surrounding Michael Flynn, a Trump campaign aide who became national security adviser before it surfaced that he had discussed sanctions with the Russian ambassador to the United States.  
The Trump administration's position is likely to anger Democrats who say the House investigation is being damaged. They have called for the chairman of the House Intelligence Committee to recuse himself from the Russia probe." 
The Washington Post email

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