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Takeaways from the appeals court hearing in the January 6 Trump documents case
CNN ^ | 30 November 2021 | Tierney Sneed and Katelyn Polantz, CNN

Posted on 11/30/2021 7:53:33 PM PST by blueplum

(CNN)An appeals court hearing Tuesday on former President Donald Trump's claim to keep January 6 documents from his presidency private showed that Trump faces an uphill battle to keep the documents out of the hands of House investigators...

...The case touches on some unsettled law around whether a former president can litigate executive privilege claims when the incumbent sides with transparency. And the three judges on the appellate panel -- all Democratic appointees -- signaled that they found some of the case's questions difficult, even as they expressed doubt about Trump's claims....

...They also challenged the lawyers with several hypothetical scenarios -- a current president releasing documents to "avenge" his predecessor, a former president claiming a release of his White House documents would endanger the lives of US agents abroad, or four former presidents imploring a current president to keep sensitive information private -- to grill Trump's opponents on whether there was any situation in which an incumbent's privilege determination could be second-guessed by a court. The judges also asked whether the court could stop Congress from publicly releasing White House documents...

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: dccircuit; jan6; presidentialpapers; trump
integral questions
1 posted on 11/30/2021 7:53:33 PM PST by blueplum
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To: blueplum
The judges also asked whether the court could stop Congress from publicly releasing White House documents...

No. The court can order Congress not to release the documents. But stopping the release is like trying to contain water in a collander.

If congress obtains the documents, they can and will leak it regardless of court orders. If the court wishes to keep the documents private they must keep them out of Congress's hands.

2 posted on 11/30/2021 8:02:03 PM PST by DannyTN
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To: blueplum

CNN, Double Bag Barf Alert.


3 posted on 11/30/2021 8:19:26 PM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: blueplum

If they get those docs, we had better get some docs when we are in charge again.

I would love to read about Obummer’s private conversations.


4 posted on 11/30/2021 8:23:05 PM PST by Maris Crane
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To: blueplum

First off-— the see no nothings at see en en MISUSE the word “incumbent”, and not too cleverly.

What “incumbent” is advocating “transparency” since it is JoeBama’s DOJ and a cabal of demonrats working with them on the amazing stupendously idiotic “Jan. 6th” continuation of the coup/impeachement post presidential term of office/ and continuing campaign against the exposure of everything these sleazeballs are trying to keep under wraps. Schiff, pelousi, the idiot from MS who chairs this lunacy.

The “incumbent” is NOT JoeBama Biden-— so who are they trying to say it is, other than JoeBama? How ridiculous, and how really incompetent they are writing this crap. Former President’s have EXECUTIVE PRIVILEGE on their communications both personal, and governmental— for reasons in the governmental capacity of.... National Security and the highest clearance of intelligence knowledge there is. Which is why these junior morons are trying to uncork the intelligence on THEM so they can box it up and cover it up. The fact is— that the derp state created the “riot” and the capitol takeover... THEY ran that. And Trump knows all of it and does not have to give that information up to another branch of the govt.


5 posted on 11/30/2021 8:30:03 PM PST by John S Mosby (Sic Semper Tyrannis)
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To: John S Mosby

No, they don’t. Executive privilege resides in the office, not the man. This is a ridiculous claim and I’m embarrassed the DJT is trying it.

At best, it’s a run-out-the-clock strategy. Still crap.


6 posted on 11/30/2021 8:39:03 PM PST by Marxmarvelous
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To: Marxmarvelous

but don’t executive privilege and confidentiality of presidential counsel go with both the office and the man?

That is, if the judges were to rule against Trump, is the public now entitied to any document from any presidency? Such as those, for instance, from JFK? or Zero?


7 posted on 11/30/2021 8:51:07 PM PST by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017) )
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To: blueplum

What other Presidents have had this BS thrown at them?
Can’t think of any at the moment.

This will be like every other attempt to “get Trump,” a waste of time and a monumental failure.

Trump’s opponents are good at lying, embellishment, hyperbole, and misrepresenting facts. They can’t help themselves “they’re good at it.”

The only way they stop Trump is with an assassin, every other avenue just leads to “egg on face” again.


8 posted on 11/30/2021 9:04:02 PM PST by unclebankster (Globalism is the last refuge of a scoundrel)
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To: Maris Crane

“If they get those docs, we had better get some docs when we are in charge again.”

GOP leaders are much too polite and programmed for conflict avoidance to even think about employing the tactics leftist employ.


9 posted on 11/30/2021 9:13:18 PM PST by Soul of the South (The past is gone and cannot be changed. Tomorrow can be a better day if we work on it.)
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To: Soul of the South

THEN I AM RUNNING FOR OFFICE!


10 posted on 11/30/2021 9:29:13 PM PST by Maris Crane
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To: Maris Crane

Judge Ketanji Brown Jackson and Judge Patricia Millet are deep thinking neo-Marxists.


11 posted on 12/01/2021 4:37:08 AM PST by Bookshelf
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To: Marxmarvelous

This is really great news.

Then we can get all the dirty docs from the Obummer administration.

Does the confidentially agreement between Lawyer and Client have the same rules? If a Client dismisses a Lawyer, he is then able to expose all the confidential material.


12 posted on 12/01/2021 5:40:06 AM PST by Maris Crane
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To: Marxmarvelous

In re: nat sec, you are wrong. The content of the Executive Emergency Orders and the nat sec items of the time are privileged to the Executive... of the time. There is ZERO transfer of what the demonrats would use of security cleared information and actions of the former Executive that are communicated to even the transition team.

As you will find out, as the persistent deep state continues to try and MAKE SOMETHING UP, fabricate a “crime”. Did. not. happen— except as regards what Nantzi Pelousi et cie organized through their operatives. The true story which needs to come out of this “commission” but of course they will never purge themselves of their own actions.


13 posted on 12/01/2021 9:44:55 AM PST by John S Mosby (Sic Semper Tyrannis)
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To: unclebankster

You are correct— and they are desperate. See today’s MORONIC
news flash which came through the LEFTIST RED “The Guardian”... earth shaking “admission” by Mark Meadows (in his NEW BOOK, btw, so very old news) that Trump tested positive for Covid before JoeBama debate (and..... second test came up negative).

The Guardian and the street ape media run with the “Trump had Covid.... “ and then minimize or bury the fact his retest showed he DID NOT! What crap.

Whatever anti-Trump... they will run with it, and completely false.


14 posted on 12/01/2021 9:49:40 AM PST by John S Mosby (Sic Semper Tyrannis)
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To: blueplum

Have the House investigators called on Ray Epps yet?.


15 posted on 12/01/2021 10:04:55 AM PST by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: Marxmarvelous

Tonight, Mark Levin interviewed Atty/Professor of Law/advisor to President Trump... John Eastman.

ABOUT: Executive Privilege not being able to be waived by a new President for a former one. Simple.

What’s more the “commission” chair moron and Marxist idiot Benny Thompson D-MS said today— that Atty Clark (subpoenaed along with Eastman to testify and refused, as did Eastman) invoking the 5th Amendment for himself MEANS that Clark is guilty!!” Off the page moronic, dumba@@ Thompson chairs this “commission” and misses a major Constitutional point of the 5th Amendment (one more ignoring of our Constitution by neo-Marxists). And Eastman refused as atty-client privilege as his CA license to practice laws make clear—are grounds, if violated to remove his law license. The intent of the “commission”.

Finally Nantzi the neo-Marxist Socialist Speaker— rejected the Minority Leaders choices for this “commission” thereby destroying any semblance of political balance. So it is a worthless “commission” for anything other than perpetual lying through the press of course.

Mark Levin podcast for Thurs. Dec. 2, 2021. It’s all there to learn from— if that is of interest. Which Marx is marvelous to you? Karl or Groucho?


16 posted on 12/02/2021 5:08:30 PM PST by John S Mosby (Sic Semper Tyrannis)
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