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Showing posts with the label lawyering

Pence's team: good lawyering

  Pence doesn't want to talk to the Justice Department about reasons why it might want to prosecute Donald Trump in connection with the Capitol Hill riot on Jan. 6, 2021 that nearly killed Pence. Let us not discuss, just for now, WHY he doesn't want to talk. Let us simply take it as a given that he doesn't want to talk about this under oath. That way we can move on to this point: We have evidence now that his lawyers are pretty good.  Consider: Donald Trump's lawyers keep invoking "executive privilege" in situations like this.  They keep invoking it and they keep losing. Courts have acknowledged that executive privilege exists (one finds such an acknowledgement in the US v. Nixon opinion, for example). But the actual decisions rather than the dicta consistently go against it.  Perhaps this consistent losing record has some relationship to a fact about the text of the US constitution. That text does not say anything that, in a simple and direct reading, bestow...