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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: Wayners who wrote (694568)7/30/2005 12:08:51 PM
From: DuckTapeSunroof  Read Replies (2) | Respond to of 769670
 
Nah, Wayne, believe you are confused about the issue.

The 'case' doesn't matter (for example: there is no 'case' now, Roberts is not charged with anything. :)

The question is: does the claim of 'lawyer/client privilege' entitle the WH to refuse these document requests? The WH HAS NOT made a claim of 'executive privilege' (that would be an entirely different matter), rather they have only claimed lawyer/client privilege in withholding documents from the Senate.

The Federal Appeals Court said (in the Ken Starr case) that the true 'client' was the PEOPLE OF THE UNITED STATES OF AMERICA... not the President (a temporary occupant of a constitutional elected office). This is how the precedent came about:

...A federal judge refused Starr's request, but he appealed the issue to the U.S. 8th Circuit Court of Appeals. The court agreed with Starr that the attorney-client privilege did not shield the White House lawyers or their notes. "We decline to endorse the position of the White House where it is based on nothing more than political concerns," the appeals court said.

The ruling set off a furor in legal organizations, which had maintained that the attorney-client privilege protected government lawyers as well. When the Clinton White House appealed the issue to the Supreme Court, the justices refused to hear the case. Only two justices — Clinton appointees Ruth Bader Ginsburg and Stephen G. Breyer — voted to hear the appeal.....