Sunday, September 30, 2018

Trump Dilemmas: Executive Privilege and Controlling FBI Kavanaugh Follow-up

Why Trump stands behind Kavanaugh - obvious reason 
(To protect his backside)

Re: Mueller's Russia investigation – these two questions keep coming up both closely related:

#1 Question: Whether or not Trump himself can obstruct subpoenas or decline to answer Congress's questions by invoking executive privilege — or if, by invoking executive privilege, he can bar people like Sessions from testifying about their conversations with him — is more complicated. 

He, like all presidents, enjoys a presumption of confidentiality.

However, the Washington Post’s revelation that Trump himself is under investigation for obstruction of justice suggests a very similar situation we saw Nixon in (cite: United States v. Nixon).

If Trump were to fail to obey subpoenas from special counsel Robert Mueller, then it’s likely that courts would obey the Nixon precedent and require him to comply, on the grounds that rule has preference over his executive privilege.

The possibility of Trump not complying with a congressional investigation raises further questions. Failure to comply with congressional subpoenas further implicates “Congress’s constitutional power of inquiry through investigatory bodies” and courts could decide that Congress’s constitutional obligation overrides Trump’s presumptive right to confidentiality.

In fact, one district court has already ruled that Congress’s investigatory powers trump executive privilege in cases like this. CiteCommittee on the Judiciary v. Miers, wherein the George W. Bush administration was using executive privilege to try to block a subpoena by former House Judiciary Committee Chair John Conyers (D-MI) for testimony by former White House counsel Harriet Miers and Chief of Staff Joshua Bolten.

#2 Question: Related to Trump lies – always front and center: Can he limit the scope of FBI investigation?


The FBI reportedly also isn’t able to look into why Kavanaugh’s account of his drinking at Yale differs from what former classmates say. Kavanaugh claims he wasn’t a heavy drinker, others say he was.

Both Ford and Ramirez claim he was excessively drunk during the two incidents. White House counsel Don McGahn is taking the lead on the White House’s dealings with the FBI investigation into Kavanaugh.

Trump says the NBC News report isn’t true: He just refuted the NBC News reporting, saying he wants the bureau to “…interview whoever they deem appropriate, at their discretion.”

Earlier, Trump said to reporters said that he would defer to the Senate on how Kavanaugh’s nomination will play out, adding: “I’m going to let the Senate handle that, they’ll make their decisions.”

Then White House spokesman Raj Shah said in a statement to the WSJ that the “scope of duration of the investigation has been set by the Senate, and the administration was letting the FBI agents do what they are trained to do.”

My 2 cents: So, we are left to ask and wonder in all cases about Trump: Who is telling the truth, and what is the real story?

Believing anything Trump says is one huge gigantic leap of faith.

Stay tuned and thanks for stopping by.

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