lweji
Laurence TribeVerified account
@tribelaw
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By saying Comey had told him 3x that FBI wasn't investigating his campaign's links to Russia, T waived executive privilege wrt T/C xchanges
Leslie Mitchell @Lesmitch529 15h
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The courts have recognized that presidents have a privilege to keep secret the communications with persons regarding information & advice.
Leslie Mitchell @Lesmitch529 15h
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The idea is that a president needs to be able to get honest advice, without the person giving it having to fear it will become public.
Leslie Mitchell @Lesmitch529 15h
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This is called "executive privilege." During Watergate the Supreme Court ruled that the privilege does not apply to criminal investigations.
Leslie Mitchell @Lesmitch529 15h
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Any legal privilege not to disclose information can be lost (waived) if the holder of the privilege discloses the information to others.
Leslie Mitchell @Lesmitch529 15h
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For example if a client blabs about confidential converations he had with his attorney, the attorney-client privilege is lost.
Leslie Mitchell @Lesmitch529 15h
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If the privilege is lost, the information must be disclosed if a party to the communication is called as a witness, like any other evidence.
Leslie Mitchell @Lesmitch529 15h
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So any executive privilege Trump might have had regarding his conversations with Comey may have been lost when he talked about them publicly
Charlotte Smith @rCharlotteSmith 15h
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ANY privilege? Or just privilege over this specific piece of (true or false) information?
Leslie Mitchell @Lesmitch529 15h
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The extent of waiver is fact-specific. Could be as narrow as just one conversation or as broad as all communications on that general subject
Leslie Mitchell @Lesmitch529 14h
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Courts look at whether the disclosure was inadvertent, whether the disclosure was for an improper purpose, etc.
Leslie Mitchell @Lesmitch529 14h
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There's not a whole lot of law specifically about executive privilege, because it doesn't come before the courts very often.
Patricia R Muller @pattirmuller 12h
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Thank you so much! I have one more ?: the last part 'wrt T/C xchanges' ? What does that mean?
Leslie Mitchell @Lesmitch529 12h
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I think that's short for, "with regard to Trump/Comey exchanges."