Trump has the authority to block testimony of James Comey.

[kentuck]

Last edited Fri Jun 2, 2017, 02:09 PM - Edit history (2)

There is a lot of talk that he may attempt to block Comey's testimony with a claim of "executive privilege". Some say he may have had an argument if he had not fired Comey? But once he made that decision, Comey was no longer part of the Executive Branch? He became a civilian. But that is debatable.

It would be a sign of desperation if Trump were to try such a tactic. Executive privilege does not have a very successful history. Nixon tried it also, as I recall?

(edited for clarification)

[The Velveteen Ocelot]

1. The fact that Comey is now a private citizen is irrelevant and has nothing to do

with executive privilege because Comey was the FBI director when he had the meetings with Trump and created the memos. The reason executive privilege won't work is that Trump himself has publicly discussed and tweeted about the meetings and has thereby waived the privilege even if it had existed in the first place.

Furthermore, in United States v. Nixon the Supreme Court held that a claim of executive privilege can't override the needs of the judicial process, if that claim is based merely on the ground of a generalized interest in confidentiality and not on the ground that military or diplomatic secrets are implicated.

[kentuck]

5. That too.

[The Velveteen Ocelot]

8. That exactly. Comey's current status as a private citizen

doesn't have anything to do with the executive privilege issue.

[kentuck]

10. Obviously I'm no lawyer.

[Cattledog]

2. If he did it would be digging the hole deeper.

It would also turn some borderline supporters against him.

[malaise]

3. I dare him

indeed I double dare him

[Wounded Bear]

4. The commentary I hear agrees with you, mostly...

for one thing, Comey is no longer a member of the administration/government, so Trump's basic authority is kind of sketchy there. Also, like you mentioned, the history isn't good for supporting it, especially in instances that may have implications of wrongdoing. Courts are rather loathe to grant privilege for people that might be in the DOJ crosshairs.

There are no NDA's in government.

I'd be quite surprised if it was granted. The only restrictions I can see on the Comey testimony would be national security issues, which he is probably well coached and versed in. It doesn't sound to me like there is anything there, other than a weak claim of "weakening the President" that the RW echo chamber will probably throw out.

[awesomerwb1]

6. I was just reading that.

It's a little more complicated. Here's what I found with a quick google about whether cheeto could invoke executive privilege to stop Comey from testifying. Edit: wow, very informative posts ^ up there!

http://www.reuters.com/article/us-usa-trump-russia-factbox-idUSKBN18T1OB

[LiberalBrooke]

7. Too bad don the con

Since he can't stop the testimony, I wonder what he will tweet out in advance to try to neuter what will be said.

[kentuck]

9. That will be his strategy.

To try to accomplish with a PR attack what he cannot accomplish otherwise.

[The Velveteen Ocelot]

11. And, as usual, that will just make things worse for him.

The more he tweets or comments about Comey's testimony the more he undercuts any claim of executive privilege.

[leftynyc]

17. He and his imbecile minions

are going to spend the next week trying to trash Comey's reputation. They've already started.

[woodsprite]

12. My guess is he'll try intimidation from his knuckle-dragging lawyers and bodyguards. n/t

[DeminPennswoods]

13. Also the fact that Trump was all over twitter and the news

talking about the meeting. That negated any claim of executive privilege Trump might possibly have.

[H2O Man]

14. That's the key point.

[kentuck]

15. Thanks for the clarification.

[leftynyc]

16. He absolutely DOES have the authority

to TRY and claim EP. But his big mouth and teeny typing fingers will get it laughed out of court.

[CousinIT]

18. Reuters article on this

http://www.reuters.com/article/us-usa-trump-russia-idUSKBN18T1WZ