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Assertion of Executive Privilege (none / 0) (#2)
by Justina on Mon Jul 09, 2007 at 07:54:23 PM EST
I would suggest that since neither Taylor or Miers is the president, they cannot assert the executive privilege. Only the president has the privilege.

Wouldn't the president have to move to quash the subpoenas in federal court on the grounds that they are barred by executive privilege?

If the president fails to gets the subpoenas quashed, Taylor and Miers would have to comply or face contempt.  I don't see how either of them could defend against the contempt on the grounds of executive privilege, which they do not have.

And, since neither are current government employees, it would seem that neither could defend against contempt based on a "direction" of the president since they are no longer agents of the president.

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