Invoking Executive Privilege would have little effect, really.

[MineralMan]

The problem is that there are no legal remedies should an individual who is not a federal employee simply ignore such a thing. Congress could cancel testimony based on an executive privilege claim by a President, but there is also no remedy for the Executive Branch if a congressional committee decides to go ahead and hear testimony.

Executive privilege is only useful if it protects a witness who chooses not to testify before Congress. Such a witness could refuse to answer on the grounds of executive privilege. But, a willing witness is not bound in any way by a President's claim of executive privilege. There is no recourse the Executive Branch can take in such a case.

So, Comey can testify as he chooses. He is no longer a federal employee or official. He is restricted from revealing classified information in a public way, but that's it. He can recount conversations with the President on unclassified issues, including discussions about people like Flynn and a President's request to go easy on such people.

Executive privilege is useless unless a federal employee witness wants to avoid testifying.

[The Velveteen Ocelot]

1. There are also a couple of legal reasons why, even if the WH tried to invoke

the privilege, it wouldn't work. Let's say WH counsel claims the privilege and dashes off to federal court to try to get an injunction. Judge sez, "Hey, didn't the president tweet about this?" Lawyer says, well, yeah.

And then judge asks, "What about that interview where he said he decided to fire Comey because of the Russia investigation? Dontcha think he waived that privilege?" Lawyer: Hummina hummina. And then the judge says, "Counsel, have you ever read United States v. Nixon?"

Lawyer: mumble mumble mumble

Judge: "What's that, counsel?"

Lawyer: "I was only ten years old when that case was decided."

Judge: "The holding was that executive privilege can only be used to protect military, diplomatic, or sensitive national security secrets, and not a president's generalized interest in confidentiality; and that it can't be invoked to conceal evidence of a crime."

Lawyer: "Oh." (starts putting papers back in briefcase)

Judge: "Your motion is denied."

Lawyer: "Yes, your honor."

Judge: "And tell the president, covfefe."

[MineralMan]

2. Exactly. The Judicial Branch will be Trump's downfall, I'm sure.

Our third branch of government is there for a reason. It should be able to keep Trump under control until the people have another chance to rearrange things in Washington. Smart founders. Sad for Trump.