[ad_1]
Put aside the offensive theater of Republicans, Democrats and Corey Lewandowski at the Judicial Power Commission hearing on the impeachment today. All parties took what should have been a serious hearing and made it a joke, flouting the legitimate interests of the public.
Instead, focus on a White House offense not against mere decorum, but against the fundamental principles of the US government.
By informing Lewandowski, a former campaign adviser to President Trump, that his Oval Office discussions with the President should remain secret because of "executive privilege", the White House is mocking the separation of powers and the public's right to know. If a Democratic administration had tried to enforce such an assertion, congressional Republicans would have shouted at the murder.
And the Republicans would have been right. Today's Republicans, however, acting as defense lawyers rather than independent members of Congress with obligations to the general public, have done nothing but provide diversionary coverage to both Lewandowski and the President. Their behavior was shameful.
In simple terms, here is the key point: "management privilege" is a real but limited exception to the rules of government transparency and congressional investigations. Nowhere in the Constitution, except in the case of a second-degree derogation, has the privilege been repeatedly limited by federal courts in the last 45 years. A complete and neutral online summary of the privilege summarizes the most relevant court decision for Lewandowsky:
To be protected by the privilege of the executive, "the communication in question must be created or" solicited and received "by the president or a close adviser of the White House. The advisor must be in close proximity to the president, which effectively limits privilege coverage to the administrative boundaries of the President's and White House offices. "
Here's the rub: Lewandowski was never part of the White House staff. It was and is no longer part of the "Executive Office Administrative Boundaries" than Obi Wan Kenobi's protections.
The assertion of privilege is ridiculous. Congress rightly enjoys the privilege of control over the conduct of executive power. It also has the power of impeachment to punish presidential faults and the legitimate power to conduct dismissal investigations.
According to the report of Special Advocate Robert Mueller, the President of the United States asked Lewandowski, a citizen, to convey a message to Attorney General Jeff Sessions asking him, in effect, to give a public boost to the balance, in favor of Trump, with regard to Mueller's investigation.
If Lewandowski followed through on this Trump directive, it would clearly be questionable – perhaps not definitive, but quite reasonable to suggest – that the directive could have been considered part of a process of obstruction of justice. . Although the House's investigation is currently perceived as a poorly motivated political success, the questions that House Democrats want to ask Lewandowski about this incident fall well within the legitimate scope of the investigative powers. and oversight of their committees.
The White House has no legal right to silence Lewandowski on this issue, especially in such circumstances. Lewandowski is a material witness. He was not an employee of the White House. He asserts and can not assert any privilege of the Fifth Amendment, as there is no reason to suppose that he himself has broken a law. It is the subject of a subpoena duly issued by the Congress. Therefore, he must answer questions from Congress. Period.
[ad_2]
Source link