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the it with the whole school early think there's a subtext of this and not just
the scooter libby part of the car rolled part of it the subpoenas they harriet
myers of this error taylor all the stuff
the subject to it all is this idea of presidential privilege
of executive privilege
and i want to thank
tony and i don't know if he wants his last name mentioned here so not going to
but uh... an attorney
who sent me an email that
gabi digging in the constitution
and i just find is fascinating he points out that
in the constitution
yet your article one is about the
the
what the founders thought was the most important branch do you know the first
among equals
the closest to the people that is congress the house and senate article
one defines how how the house and senate is organized
article to of the constitution
is about the executive branch the presidency
an article three is about the judicial branch
the judiciary
interestingly
in article one
there is a very clear statement of
what you would call privilege
and here is that this is from section six of article one of the constitution
and talking about the house and senate the senators representatives shall
receive a compensation for the services to be ascertained by long paid out of
the treasury they shall in all cases except
treason felony in breach of the peace
be privileged from arrest during their attendance at the session of the
respective houses
and going to end returning from the same
and for any speech or debate in either house
they shall not be questioned in any other place
this is the basis of
privilege for members of the house and senate members they can't do it
because their closest to the people
they have something like executive privilege
as tony this attorney who sent it is not pointed out
in article two
there is no such language
there's nothing in article to that says that the president has a similar
privilege infected says the opposite section three of article to depart the
defines executive branch
says the president from chelle from time to time
give the congress information the state of the union
and recommended a consideration to treasures as you may judge necessary
expedient
he shall take care of the blase faithfully executed intial commission a
large as the united states
the section three of article two
in other words the president is like you know he's he's got a job to do but he's
been held accountable he's in his job is to do a congress told them to do
but if you are saying a bush keeps in my job is to
but productive are to be able my job is to well actually your job is to do is to
faithfully execute the laws in congress makes the laws in your job is to do a
congress tell you to do
antoni scissor one can argue is i believe the privacy doesn't have a
privacy as well is a type of right now vision of the framers of the nine th and
i wish it would provides the enumeration katusha suresh or not because you're
denier disparaging of his retained by the people
visas this clearly says that the people reaching rights other than most all of
the constitution cadres there's no constitutional provisions from which you
can be inferred that the president as unspecified right or privilege is
there's my panama doesn't say the other the president holt additional powers
so he says the claim of executive privilege has been created out of thin
air an effect it was
is create a thin air by a supreme court decision some years ago i don't have the
i'm sorry i don't recall that this was a decision
i'm sure well i'm sure all here for ***
from what many of our listeners about a week at simpson's really smart folks
but he eat point sizes i thought it was really odd
that conservatives in quotes
want strict constructionist so we're not going to legislate from the bench and
yet it was
the judiciary system that created this idea
of executive privilege for the president which does not exist in the constitution
it only exists in the constitution for the house representatives inside
but bush is going to claim executive privilege he's going to say that he can
operate in the dark he can bully can close the doors and pull the curtains
and no problem