Remarkl
1 min readDec 17, 2021

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since by production of the documents he waived privileges as to those — hence, the old legal aphorism that little waivers make big estoppels.

You won't catch me saying anything in Meadows' personal defense. He's an awful person no matter how well he got on with Rep. Cummings. But I don't believe he can waive a privilege by breaching it. If Trump could have exercised privilege with respect to Meadows' texts - and I'm not saying he could have, just speculating on the consequences of his being able to do so - then Meadows' turning the texts over seems to me a breach of Trump's privilege, not a waiver of any privilege of Meadows' own.

If Trump doesn't have the privilege, then Biden has it as holder of the office. I believe executive privilege should be exercised by the person in office when the executing is happening. Otherwise, political enemies can "waive" the privilege, making it a nullity. Again, in saying that Trump should have the privilege, I am not saying that the privilege extends to the 1/6 issue. It didn't protect the Nixon tapes, and it doesn't protect the insurrectionists. Still, as defender of the office, Biden should be very slow to waive his predecessor's privilege.

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Remarkl
Remarkl

Written by Remarkl

Self-description is not privileged.

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