Should Trump be allowed to assert executive privilege with regard to subpoenas for Jan 6 Capitol riots?

Asked by LostInParadise (32183

) October 11th, 2021

Steve Bannon is not following a subpoena request, citing executive privilege. Trump says that executive privilege allows him to refuse to have his documents released.

I would love to see Trump get tried and convicted, but it seems to be a tricky issue. Apparently, ex-presidents are allowed to keep their records from being released, but Biden is saying that the threat to democracy caused by the riots is sufficient grounds for overriding executive privilege.

From a strictly legal perspective, releasing the records would set a dangerous precedent for overriding existing laws. Without specific conditions specified in the law, there is no justification for making up exceptions on the fly.

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4 Answers

Weren’t Nixon’s records released?

chyna (51597

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Of course he shouldn’t.

I don’t think it’s tricky.

The danger is clearly with the people who attempted to overturn the election by fraud and by force. As many such people who can be exposed and gotten out of public office forever, the better.

Zaku (30571

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No. Biden would like to maintain the protections of the presidency, but these were overt criminal acts.
One mistake I think America made was not calling Nixon to account. It created a belief that those in power could get away with this.

filmfann (52486

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Nixon’s “executiove privilege” ended when he left office. Inquiries were reduced because of Ford’s pardon of Nixon.

The White House has said it will not invoke executive privilege having to do with January 6. Steve Bannon doesn’t get to choose. And Trump doesn’t either, he is not President.

zenvelo (39546

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