Page 11 - Balancing Test News Today

Balancing test between the need for confidentiality, the public interest. theres an overwhelming public interest here. ordinarily, with we talk not about a mueller report, but about a barr report. that attorney general report thats going to summarize that underlying information. i think in this case, anything less than the original mueller report isnt going to cut it. there isnt that level of trust. the report might not be the final sort of word we hear from bob mueller. if congress doesnt feel ...

Presidents and close associates might have done. it isnt an area which there are firm lines. it is a balancing test and a decision. what we are balancing here are the privacy rights. >> what do you think? >> i totally agree with you. he is lowering expectations and saying dont expect this complete report. he is is the guy that wrote the memo about comey talking too much about hillary clinton. remember the famous where he said we are not going to pursue this but she was reckless. but i do think w...

Executive privilege to. they would push him -- and this presumably is what he was practicing doing, pushing him a little farther down the line before he asserted. one more thing about executive privilege, its a general balancing test and might be a harder battle for congress to win than for the special counsel. the nixon case suggests if mueller is iep the mueller is interested in talking to whitaker and asserts executive privilege, mueller should win. >> don mcgahn, whose name is invoked this h...

Situation room. whos been it the oval office. made tough decisions. so i think age can be an asset as well as a liability. its sort of a balancing test. and particularly if joe biden picks a young, attractive running mate. someone who can inspire younger voters as well and says hes running for one term. that helps diffuse after age issue there is. >> good point on that. >> against donald trump i dont think an age issue. >> ed rendell, thank you. look forward to seeing you again soon. >> my pleas...

Executive privilege which is something they claim quite lib really in relationship to this in the past? >> i think it is revealing that the play here is to try to block this report from coming out. i think that is telling that they think whatever is contained will be damaging to the president. it is very unlikely they will block this report from coming out to the public. maybe very minor pieces of presidential communications. executive privilege is a balancing test and about the availability of ...

Theres no collusion. and there is no collusion. i can only say this. there was absolutely no collusion, but it has been determined that there is no collusion. when they have no collusion and nobody has found any collusion at any level -- >> exactly almost one year ago in which he said all of that. but lawyering up -- lawyering up, is that something that people have nothing to fear about collusion would be doing? >> i dont think the fact that theyre hiring lots and lots of lawyers. that would be ...

Been like. so the white house, "the washington post" is reporting, is beefing up their legal team as they gear up for the end of the mueller probe. if they try to evoke executive privilege, will they be successful in doing so? >> executive privilege, i think theres a myth around it, that somehow its this blanket thing to say listen, im keeping this from the american public. the idea behind executive privilege is at its core the president needs to be able to have deliberationings with his closest...

Conviction. but in a case like this, there is also a balancing test. if you give the jury too many documents to pore over, many they lose the forreest for the trees. if youre the defense, youre watching closely to see if the judge possibly creates issues that you can take up on appeal in the case of conviction. but in a case like this, the government has to focus on the documents and not rick gates. rick gates in the governments mind is no longer their star witness and we dont want him to be, be...

What is expected of students and the family didnt know, nobody told them this opt out existed. >> the statute was dissected in florida courts and addressed this issue. it is a balancing test and the balance, neither side has unqualified unprotected or protected rights, the apples -- examples in limited circumstances, and the school itself and in a substantial number of instances, elementary and middle school children did not apply and without notice ignorance is not an excuse and this is held wi...

Out existed. >> the notice is inapplicable here. that was dissected in the florida courts and addressed this issue. its basically a balancing test here, right? the balance is that neither side has unqualified, unprotected or protected rights. the court held in the examples of mature high school students in limited circumstances they might outweigh the rights of the district and school itself. but in a number of instances, elementary and middle school children, they do not apply. here, without no...