Categories
Uncategorized

Maybe we all judged Merrick Garland a bit too harshly, filing against Trump’s Executive Privilege nonsense pulls no punches

(A previous version of this story had the wrong document number and referred to an earlier document submitted in this case. This story has been corrected to reflect statements from Document #21, which was filed by the Department of Justice on October 30th.)

We’re all frustrated with the slow pace of the January 6th investigation. We’re down to just a year before the next election and it feels like things are dragging on endlessly and Democrats just don’t have any sense of urgency to get things taken care of in the little bit of time that’s left. Fortunately, there is hope, A new filing in the case that the forrmer guy filed to try to block sharing of White House records shows a Congress that is ready to come out swinging. Here are several highlights from the filing.

(Legal citations have been omitted to make for easier reading, though the full citations from the conclusion of the document may be found at the link above, from 35 on)

“President Biden’s decision in this extraordinary case does not diminish the well-established importance of protecting presidential communications, see United States v. Nixon, supra, nor diminish the force of constitutionally-based privileges in the ordinary case.”

“Plaintiff claims that failing to assert executive privilege “is attempting to damage Democracy itself.”…But it was the actual attack on democracy that occurred on January 6, the potential involvement of high-ranking federal officials in activities related to that event, and the public’s interest in preventing such an attack in the future, that prompted President Biden to provide even privileged information to Congress in aid of its inquiry. The incumbent President has determined that the need for Congress to develop a complete understanding of what happened on January 6 outweighs the interest in confidentiality that might ordinarily attach to documents containing presidential communications.”

“[E]xecutive privilege principally exists to protect Executive Branch interests, and the incumbent President is charged with protecting those interests…And President Biden’s determination not to uphold privilege here was supported by an extraordinarily compelling rationale—i.e., the “unique and extraordinary circumstances” surrounding the January 6 attack on the U.S. Capitol.”

“Plaintiff’s claim is also unsustainable because it is based on a misunderstanding of the [Presidential Records Act]. The PRA does not create or expand executive privilege authority; rather, executive privilege arises from the Constitution, Nixon v. GSA, 433 U.S. at 447, and the Constitution assigns greater weight to the incumbent’s privilege determination because the incumbent is “in the best position to assess the present and future needs of the Executive branch.”

“Plaintiff Meets None of the Equitable Requirements for Preliminary Injunctive Relief. In addition to the fact that former President Trump’s claims exhibit no likelihood of success, his request for preliminary relief halting all compliance with the Select Committee’s request must be denied, as he has satisfied none of the equitable pre-requisites for such sweeping relief.”

“Plaintiff’s request for preliminary relief must also be denied because he has not shown that the balance of equities tips in his favor, or that injunctive relief would serve the public interest. It should require no further explanation that discovering and coming to terms with the causes underlying the January 6 attack is a matter of unsurpassed public importance.”

Created by potrace 1.16, written by Peter Selinger 2001-2019

DHS ceases “clapping back”

2 hours ago

New York-New Jersey Gateway Tunnel project funds unblocked

5 hours ago

Tulsi tried to hide a still-unspecified act of Kushner treason: WSJ

6 hours ago

Report: Pete Hegseth not quoting Michael Bay movie, seriously vowing to see sworn enemy punished for disrespecting America

7 hours ago

Pennsylvania Staples tech diagnoses local man’s laptop issues

7 hours ago

Rodriguez says Maduro still legitimate Venezuelan leader

9 hours ago

WATCH LIVE: Nearly-dead husk hypes new environmental harms

9 hours ago

Judge blocks Hegseth from punishing Mark Kelly

10 hours ago

Surprise! Trump met with Ellison, then lied about it in NBC interview

10 hours ago

Mike Johnson posits quantum superpositioned Bondi misconduct

11 hours ago

Claiming exoneration is a way to sell Americans on that exoneration

11 hours ago

Slotkin says Regime trying again with grand jury

12 hours ago

You would cry too if it happened to you

12 hours ago

WATCH LIVE: Minnesota AG testifies to Senate DHS Committee

13 hours ago

Regime announces withdrawal from Minneapolis

13 hours ago

Ohio Senators committed to full opacity on Epstein pal’s donations

14 hours ago

Fox News brings in father of murdered white woman to offer expert analysis and insight on abduction of other, far older white woman

15 hours ago

New, Kremlin-developed messaging app “MAX” so cutting edge

16 hours ago

Sole Republican New Mexico US Senate candidate disqualified

17 hours ago

Fat baby continues melting down

1 day ago

Florida TV station reports latest Florida news

1 day ago

Orange Overlord screams at insolent underling

1 day ago

Jesus Dork begging nearly-dead GOP congressman to hang on

1 day ago

House expected to vote on stupid SAVE Act: Live video

1 day ago

El Paso airspace closed so Army could fire laser at mylar balloon

1 day ago

Fox News cuts away from Bondi testimony

1 day ago

Regime fires beauty queen from “Religious Liberty Commission”

1 day ago

WATCH LIVE: Pam Bondi sprinkles some facts into fictional stories

2 days ago

Jim Jordan to performatively wrestle health insurers

2 days ago

El Paso flight ban abruptly lifted

2 days ago

Mike Johnson wastes valuable seconds of his life hyping suicidally stupid voter suppression bill John Thune won’t even take up

2 days ago

Jack Smith lieutenant announces Congressional bid

2 days ago

Orange Fuhrer considering quitting his own USMCA trade deal

2 days ago

Fox News leaves out that K$H’s FBI arrested the wrong fucking guy

2 days ago

Demented Donald’s approval rating sinks to 39 percent: NBC poll

2 days ago

FAA closes El Paso-area airspace for 10 days because “security”

2 days ago

Well since George Santos and Polymarket say it, it must be…

2 days ago

DC grand jury no bills the “Seditious Six”

2 days ago

Stonewall National Monument’s flag display de-homo-fied

2 days ago

Don Lemon retains very recent ex-Minnesota federal prosecutor

2 days ago

Orange Jesus forgets to count “settling” US-Denmark war

2 days ago

ICE ziptied a 14 year-old US citizen girl during October raid

2 days ago

SPOILER ALERT: Trump estimated 15 percent GDP growth

2 days ago

Judge unseals Fulton County 2020 ballots search warrant

2 days ago

“GetYummyCookies” selling special “FUCK TRUMP” cookies

2 days ago

WATCH LIVE: Reichsfrau sich an die Presse wenden JETZT!

2 days ago

Former premier federal law enforcement agency provides update

2 days ago

🚨 MAJOR GENERIC BALLOT CROSSTAB SHIFT ALERT! HUGE! 🚨

2 days ago

Shovel proves effective at ending kangaroo’s savage assault

2 days ago

WATCH LIVE: Regime’s top stormtroopers testify to Congress

3 days ago

x
x
x
x
x
x