LockeColeMA wrote:
I speak of it as a concept of separation of powers. Unless I miss my guess, that is how it was originally brought about in US v. Nixon; it can be invoked when the oversight of the executive would impair national safety, according to everyone's favorite source, wikipedia.
It does indeed have to do with separation of powers. But you seem to keep confusing the priviledge itself with an assumption of motives. The privilege does not allow the executive branch to ignore rules, laws, etc. It has nothing at all to do with that except perhaps in some conspiracy theorists head.
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Rummy was convinced Hamdi had critical information that would lead to the deaths of untold hundreds of Americans if he was free to talk, so he felt he could could ignore a Supreme Court ruling (charge him or let him go). He did neither; he cut a deal with the guy, undercutting the SCOTUS' decision.
Which had nothing at all to do with executive privilege.
You seem to think it has to do with executive "power". It does not. The executive branch does have the power to do certain things (like detain prisoners in a time of war for example, or deport people for example). Don't confuse that with executive privilege.
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While usually used in subpoena and search warrant cases, it is clearly based in the idea of separation of powers.
It is exclusively about subpeona and search warrange issues. Not usually. Always. It does have to do with separation of powers, but not in the concept that one branch does X and the other does Y. Rather executive privilege recognizes that different branches of the government gain their power differently and excersize that power differently and allows the executive branch to work with different "rules" then the legistlative branch.
Executive privilege prevents Congress from continually making public the internal workings of the Executive Branch. This is important because those two branches work differently. In the Legistlative branch, you have many people with the same amount of power. They all make proposals for various bits of legistlation, then use a process that decides which bits become law and which don't. That process is open because the legistlative process is open (mostly). Each individual in any given house of congress has the same voting power as any other, thus all are entitled to full disclosure of the legistlation they are voting on (for example).
The executive branch works completely differently. All but the president and VP are appointed, not elected. Also, not everyone has the same degree of power or "voice" in decisions that are made. Ultimately, all decisions rest with the President (but obviously he's not going to directly make every single one, hence the thousands of appointees).
Because of this structure its important that the
process of decision making be "privileged" (private). Because the last thing a president needs is an entire branch of the government full of people afraid to suggest ideas for fear that their suggestions will become public knowledge. You need to allow for the "throw ideas against a wall and see what sticks" approach. Thus, memos, meetings, and discussions are not open to the public. The end choices are (mostly), but the process by which the decisions are made is *not* public.
It has nothing to do with the power of the branch, but the ability of the branch to make decisions without every step of the way being scrutinized. Because the recognition is that while the process *is* important in the legistlative branch (who voted for what, who wrote what, etc), it is not so much in the executive (only the president and VP are elected officials). The president ultimately is responsible for all decisions that are made. But only the *end* decision. He cannot and should not be held responsible for the process used to make those decisions. Cause otherwise, you're going to constantly be investgating which staffers said what in which meeting, and second guessing the meanings of statements out of the context they were made and otherwise making it impossible for any decisions to be made (more or less what the Left has been trying to do for years now anyway).
That is what executive privilege is, and why it exists. Again. It has *nothing* to do with what you keep babbling on about.
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I use a more tongue in cheek example: Rumsfeld was a power-hungry tyrant from all I've read, and just didn't want to bother with the rules. He felt his privilege was to ignore the ruling of the courts, not just their summons. I mean to use "executive privilege" just as I write it: in quotations.
He didn't ignore any ruling of the court. The court in that case said that the legistlature had to write some rules for handling detainees (both foreigners and citizens). It did. The executive branch has abided by that legistlation. I'm not sure what exactly you think happened during all of this.
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Because, you know, letting a "dangerous terrorist" like Hamdi go to Saudi Arabia is a safe alternative to letting him have a trial and proving the former SecDef wrong.
This has zero to do with executive privilege.
But for your edification: Hamdi claimed Saudi citizenship. It was not thrust upon him. He and his lawyers choose deportation. It was not forced upon him. Had he wished it, he most definately could have had a trial. He choose otherwise because odds are he'd have been tried for treason (armed fighting against US forces in a war zone) and executed. While I'm sure you'd love to assume that there was some evil conspiracy going on behind the scenes the reality is much much more straightforward then that.
And it had *nothing* to do with executive privilege, and certainly nothing to do with Ms. Rice and her decision.