Right. That's what I'm saying.
I think a former President can "claim" executive privilege but only the sitting President can "invoke" executive privilege.
If they are stating that Trump will "invoke" executive privilege, doesn't that suggest that he is the sitting President?
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
Are you sure about this? Are you an attorney?
Another article from earlier this month seems to suggest it can only be invoked by the sitting president. This article claims it's Biden.
"The Republican Trump wants executive privilege to be used to stop at least some of the documents from being transferred, a decision that rests with the White House of his Democratic successor, Joe Biden."
The Yahoo article seems to suggest Trump can invoke executive privilege and he is the sitting President?
I've never heard of a former president invoking executive privilege. I thought it only applied to a sitting president, regardless of who was the sitting president at the time of the event.
Another article from earlier this month seems to suggest it only sits with the sitting president (Biden in Reuters), whereas the Yahoo article suggests Trump can invoke executive privilege.
That's why I was asking for clarification from a law pede.
"The Republican Trump wants executive privilege to be used to stop at least some of the documents from being transferred, a decision that rests with the White House of his Democratic successor, Joe Biden."
Are you sure about that?
Another article from earlier this month seems to suggest it can only be invoked by the sitting President (who they claim is Biden in this article).
"The Republican Trump wants executive privilege to be used to stop at least some of the documents from being transferred, a decision that rests with the White House of his Democratic successor, Joe Biden.
A sitting president has in the past used executive privilege to keep records and communications from an earlier administration secret, but it is rare.
For example, Trump's White House cited executive privilege in 2018 to withhold from the Senate more than 100,000 pages of records from then-Supreme Court Justice nominee Brett Kavanaugh’s time as a lawyer in the administration of former President George W. Bush.
If the Biden White House says the requested materials are protected by executive privilege, it will make it much more difficult for the congressional committee to investigate Trump.
But Biden is expected to be sympathetic toward the panel's view that the materials should be produced. In July, the White House said it would allow former Justice Department lawyers to testify to a Senate committee about Trump's efforts to overturn his election loss."
Nooooooooo!!!!!!!!!
My favorite comedian all time!
R.I.P.
This makes me so sad.
It is truly unbelievable.
I worked for a major pharmaceutical research company. I am well versed in the FDA approval process.
The # of people who were arguing with me 6 months ago that these vaccines were FDA approved (rather than EUA) was unreal. The look on their faces when I showed them the proof that these vaccines were not FDA approved was heartbreaking. You could see their eyes widen and mouth drop as they realized it.
Yep!
People keep saying, “you need to talk to your physician about it.”
Ask your physician to explain antibody dependent enhancement (ADE) & see the blank stare they give you.
Any biochemistry/molecular biology PhD knows all about it.
Bro, I have a bachelors of science in biochemistry.
I knew about mRNA vaccine research 10+ years ago. We have been trying to create an mRNA vaccine for 20+ years (for well known diseases). Tell me how many mRNA vaccines have made it to market. Zero!
This is incorrect. A former president can "claim" executive privilege. Only a sitting president can "invoke" executive privilege.
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