This is the absolute most classic Trump thing ever. Barr is the new Cohen. Trump basically has the DOJ sending threatening letters like they are some shady law firm. Amazing. (And horrifying if it’s allowed to stand.)
ShivaX
2712
Yeah, I can’t even.
On no planet would the Founders or anyone with a fucking brain think that was something you can do.
Oghier
2713
Barr is in full “How many divisions does the pope have” mode.
Barr’s threat seems quite strange from a legal perspective. It amounts to saying that the Mueller report is privileged if the House interviews Mueller about it, but not privileged if the House doesn’t. If there is a clearer way to communicate to the Courts that your privilege claim is politically motivated and legally specious, I don’t know what it is.
Thanks for that. Unfortunately it’s paywalled, so I can’t see the answer to this question: Have they actually invoked privilege, or are they simply ordering McGahn not to comply because they might invoke privilege at some later time? Everything else I read suggests the latter.
On the privilege question in this example, this piece is interesting:
tl;dr version:
- McGahn is no longer an administration officially and the WH can’t prevent him from complying with subpoenas if he wants to comply;
- Legal theories suggest the WH has already effectively waived privilege WRT McGahn’s testimony because 1) they permitted him to give testimony to Mueller and 2) they permitted that testimony to be released in the Mueller report.
On the question of what should the House not do, Duncan Black is as good as ever:
I know the House Democrats don’t have infinite power, but they have some, and they idea that they shouldn’t do aggressive oversight because, well, voters might not like it and after all there’s an election in (checks calendar) 16 months, is absurd.
Above my pay grade to know if the best strategy is to start impeachment hearings yesterday, or to haul Jared in and put him in the stocks, or (I’ll even allow) do aggressive oversight and hearings and investigation that avoid direct legal confrontations with Trump until the time is right.
But even during the Bush years they took the time to come up with arcane legal arguments every time they didn’t want pesky Democrats getting in their bizness - gotta admit “Fourthbranch” was pretty clever! - and the Trummpkins are just responding to requests and subpoenas with the Ancient Common Law argument of “LOL no” with both “LOL” and “no” spelled incorrectly.
Gotta make some effort to not further enshrine that congressional oversight of Republican presidents by a Democratic Congress is merely a courtesy, because we’re creeping pretty close to the idea that letting Democrats in office at all is merely a courtesy. Everybody knows the Supreme Court is about to enshrine the notakebacks precedent that “Democrat laws are unconstitutional” as it is.
Timex
2718
Ya, congress needs to press this now. They can’t let Trump get away with just avoiding any longer.
With the implicit understanding any reporting on this always has the chance of being wrong, WaPo says yes, they have invoked executive privilege to stop him from turning over any documents related to the Mueller investigation.
Thanks! Although it still seems quite vague. The WH lawyer’s letter doesn’t say the documents are privileged; it says they ‘implicate’ executive branch ‘confidentiality interests and executive privilege’.
This is a good thread on the distinction and implications.
The clearest statement seems to be this
This administration plays this dance all the time, “claiming” privilege without “invoking” privilege.
KevinC
2723
How does this even make sense? Executive privilege over a report that was investigating the executive?
Wait, I remember, nothing matters anymore and we all just haven’t fully accepted the fact that we live in the biggest and most dangerous banana republic the world has ever seen.
magnet
2724
Mueller report aside, if Robert Mueller himself wants to testify then Trump has no power to stop him after Mueller leaves the DoJ.
And as Nadler pointed out, Mueller is leaving the DoJ in a matter of weeks.
nKoan
2725
The report just exonerates him too much.
If only the Mueller report could excite people as much as a cup of coffee in Game of Thrones.
I honestly think many people just see this as some big reality show going on in DC. They really do not understand that they are the ones at risk.
KevinC
2728
Right. They elected a reality TV show boss to run the country because they think that character is real. Now TV Show Boss is USA Eagle Patriot Boss and he gets to tell all the stupid libtards “YOU’RE FIRED”.
Whoever came up with this democracy idea was an idiot, I tell ya.
