Executive privilege and the past president
by
Glenn Cassidy
04/04/2008, 6:51 AM
After President Bush has left office, how are his executive privilege claims affected? To what extent can the new president make public or turn over to Congress papers that Bush asks be kept confidential until later? In particular:
- If Congress continues to investigate matters such as the firing of the US attorneys, can the new president remove the executive privilege shield for Goodling, Rove, and anybody else Congress might subpoena? How about for subpoenaed documents?
- Can the new president make an effort to recover "lost" emails and turn them over to Congress or make them public?
- Can the new president, in reviewing and revising questionable legal claims like Bush's interpretation of "torture," exemptions from the Geneva Conventions, and use of warrantless wiretapping release all the documents from Yoo and company in order to refute them and justify the new president's policies?
I don't mean releasing documents just to embarrass the outgoing administration (although I think they deserve to be embarrassed). These documents are relevant to informing the public about current law. Also, if Congress wants to pass legislation to prevent a future president from abusing office the way Bush has, it would be helpful to know the machinations that facilitated the abuses.