Law Pedes - Who can invoke executive privilege? Isn’t it only the sitting President?
(media.greatawakening.win)
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Can a law pede break this down for us?
It sounds like a former president can claim executive privilege but the decision to invoke executive privilege ultimately lies with the current administration.
Is that correct?
Sec. 4. Claim of Executive Privilege by Former President.
(a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate concerning the Archivist's determination as to whether to honor the former President's claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this order that executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist's determination with respect to the former President's claim of privilege.
(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order. The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
https://obamawhitehouse.archives.gov/the-press-office/presidential-records
Seems to be.
The Supreme Court held in United States v. Nixon, for example, that a claim of executive privilege will normally be defeated when the privileged information is needed to provide evidence in a criminal trial—although the strong presumption against revealing information that would jeopardize national security would control even in this instance.
Trump can literally aim just about anything as being related to the 2020 election fraud, and therefore, since it represents a national security threat (the integrity of our elections), any court would be hard-pressed to overrule.
Nixon was claiming executive privilege as a former President, not a sitting President.
A former President cannot "invoke" executive privilege, regardless if the case is criminal or jeopardizes national security. Only the sitting president can invoke executive privilege on a former president's behalf.