Trump is unlikely to invoke executive privilege to stop Comey's testimony

Rodiano Bonacci
Giugno 5, 2017

However, legal analysts say it doesn't matter whether or not Trump will invoke executive privilege over Comey, because the action wouldn't hold up under scrutiny regardless.

Senators will nearly certainly ask Comey whether Trump asked him to drop an Federal Bureau of Investigation probe into Flynn's contacts with Russian government officials.

Although the White House is still reviewing the possibility, if President Trump chooses not to invoke privilege, it would illustrate a marked departure from the alleged "Nixonian" path on which so many seem to believe he treads. Further, Mr. Comey said on May 3 that neither President Trump nor anyone from the White House ever tried to hinder an FBI investigation. The former FBI chief is expected to testify about that investigation as well as his interactions with Trump prior to being fired on May 9. Comey will reportedly talk about pressure from Trump that he drop his investigation into former national security advisor Michael Flynn. The memo was filed on February 14 following an Oval Office meeting with Trump and a day after Trump fired Flynn for misleading Vice President Mike Pence about his contacts with Russia's ambassador.

White House press secretary Sean Spicer was asked Friday if President Trump would invoke executive privilege to prevent Comey from speaking.

Trump could still move to block Comey's testimony, the Times reported, noting the president's history of changing his mind on decisions at the last minute.

Today, a White House spokesperson referred a question about the Times' story to outside counsel. "The tone, the exact words that were spoken and the context are so important and that's what we lack right now and we can only get that by talking to those directly involved", she said.

Yet Trump may have weakened that argument by publicly disclosing elements of his conversations with Comey, including during an interview in May with NBC News and via Twitter, where the president said on May 12, "James Comey better hope that there are no "tapes" of our conversations before he starts leaking to the press!"

Collins said that the Senate investigation is taking up a lot of time. A special counsel appointed by the Justice Department as well as congressional committees are investigating.

Please explain how a potential target of an FBI investigation can ask the very person in charge of that investigation to dinner, and then ask if he is a target? And ask for a loyalty pledge to boot? And then fire him?

On Wednesday, the President will travel to OH, the official said, where he will push to improve the efficacy of inland waterways, including revamping dams and lock systems that are key to the agriculture industry. Now he personally might become a part of the probe, as investigators consider whether Trump obstructed justice in firing him or in interacting with him before his dismissal. "In this situation, Comey is no longer working for the Federal Bureau of Investigation and may not wish to comply with the privilege", said Jens David Ohlin, an associate dean at Cornell Law School and expert on criminal law. However, it's not as if these criticisms came out of nowhere either; House and Senate members of both parties had been publicly criticizing Comey for months, including his new boss, Jeff Sessions. Senator Mark Warner, the top Democrat on the Senate Intelligence Committee, told CBS's "Face the Nation" program on Sunday.

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