Democrats Win On Trump Papers … But They May Regret It

In an eight-to-one decision, the Supreme Court agree with the House Select Committee that President Trump did not have the power of Executive Privilege to block the release of approximately 700 documents.  

There was a legitimate argument to be made that if a former President cannot exert Executive Privilege over papers from his or her administration, there essentially is no such thing as Executive Privilege.  

The idea of Executive Privilege is to protect confidential information, national secrets and notably conversations with foreign heads-of-state.  If there is a chance that any old committee of Congress or any court can order the release of ALL documents after a President leaves office, the entire purpose of Executive privilege would be nullified.  

The lack of Privilege for past Presidents could – and would – be weaponized by a successor with different political interests.  To some measure, that is happening today.  The Kangaroo Select Committee is on a political fishing expedition as much as a serious investigation.  The Justice Department is already investigating the Capitol Hill riot.  It is the only agency that can bring charges – and already has indicted more than 700 people. The Select Committee is playing politics.

If foreign heads-of-state believe that their confidential conversations with a U.S. President are only private while in office, it will seriously discourage any form of face-to-face communication.  Candor will be lost.

For weeks, arm-chair lawyers – and even real lawyers, who know better – have been stating that a past President does not have ANY power of Executive Privilege.  Only the incumbent President can exert it.  If that were true, a President’s ability to negotiate would be at risk.

In previous commentaries, I expressed my belief that even ex-Presidents should have – and must have – the power of Executive Privilege over documents, records and material produced during their term of office – with some exceptions involving potential matters of criminality.  That is “criminality” – not over differences in policy or politics.

While the media pays a lot of attention to the release of the Trump documents, little attention has been paid to what the Supreme Court did not do.  It did not say that past Presidents have no power of Executive Privilege.  It was Justice Brett Kavanaugh who noted that the decision of the Court was very specific to these papers at this time.

By limiting the decision, the high Court left open the possibility that ex-Presidents do have significant control over the release of their papers.  By specifically stating that this decision does not mean that ex-presidents have no Executive Privilege, they strongly implied that they do.

Even though it was a good decision, weaponizing presidential Executive Privilege – as has been done by President Biden and the Select Committee – the issue may have been put upon that proverbial slippery slope.  Next time it may be Republicans digging through the files of a former Democrat President.  In these matters, what goes around tends to come around. Democrats may not be the ones celebrating in the future.

So, there ‘tis.

About Larry Horist

9 comments

  1. Wait for a Republican President, sits in the White House!!!
    I think the Supreme Court opened up a can of worms!!!
    They just made it for all hell to break, when a Republican
    Is President, it will be a game of politics!!! Doesn’t the
    Supreme Court realize that we have to many politics playing games, we need justice NOT politics and games!!!
    Is this what our Country is all about??? We have enough
    Of game playing !!!

    • SCOTUS ruled that way because they know there will never be another Republican President voted into office while the corporation remains in power. Those who count the votes have made certain of that.

  2. The point is,, WHY is everythig Trump did FOR ths country now deemed a criminal act? Even though he did so much ri help get this country on better footing ?? Just because he blew up Obama’s THIRD TERM thru Hitlery Clinton, they act like he was elected to kill the country , which is precisely what they are trying to do !! The only thing that needs tosee the ight of day are everything that is happening i rge White House now & Pelosi’s papers! SHE IS THE ONE WHO sided & abetted , if not Completely Planned J6 , & is running this committee (?) into hell to get Trump ! That is all it is & she needs to be in hail for having all those she had arrested STILL IN SOLITAIRY CONFINEMENT !! Some of which are in very bad medical condition! THAT IS CRUEL & UNUSUAL Punishment, for no reason other than ‘being there’ !!!

  3. Why the witch hunt for Trump when we have a real criminal in the White House right now. Biden and son have done really bad things and no one bats an eye.

  4. So sad for my country…so fearful for the future…Praying for God to save this world, starting with America ….

  5. Now that it doesn’t give President s paper protection after he leave office, can Republicans now see Obama’s before papers. Can politicians ask for his college transcripts, his real birth certificate and any other records from his pre office days. Republicans start asking for Obams papers now. Watch Democrats back down real fast.

  6. Democrats are liars and crooks and everybody knows it! There say is coming soon! G Soros you old piece of shit! Come see me to bastard! Love to get you alone anywhere!

  7. This could get interesting. Now, the same can be done to Biden.

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