Elie Honig, the former assistant U.S. Attorney, of the Southern District of New York, agreed that if the final report from special counsel Robert Mueller isn’t released to the public, Democrats in Congress will likely subpoena him. But even under that subpoena, there are things he won’t be able to say.
The first thing that could stop Mueller is President Donald Trump proclaiming executive privilege. He’s already done that with other administration officials called. Indeed, son Donald Trump Jr. even attempted to claim “parental privilege,” which doesn’t exist anywhere in the law.
“Another question is what is the scope of executive privilege and where can we see this arise?” Honig noted. “Executive privilege is basically the idea that conversations between the president and his advisers are secret, they’re not for the public to know about. People need to speak freely without knowing whether this will come out.”
That might arise in the Mueller report, he explained.
Trump lawyer and disastrous spin-man Rudy Giuliani said that Trump might raise the privilege as a means of objecting to certain parts in the final report. His example was any secret conversations between the president and advisors.
“Now, people should understand, executive privilege is narrow,” he continued. “The main decision we have on it is from the Richard Nixon case in 1974. In that case, the Supreme Court said unanimously ‘yes,’ executive privilege exists but it’s designed to protect national security and military secrets. It is not designed as a general shield for the president against potential criminality.”
He noted that the policy indeed puts the president above the law, “a little bit.”
“If you look at the actual policy, which it goes back to,” Honig went on, “it’s not something new. It was most recently updated in 2000, so it’s been around a while. What the policy itself says is the fear is throwing the entire executive branch into chaos and dysfunction. Imagine if a sitting president was indicted and tried. The report said, ‘Well, could we perhaps indict a president and hold off trial until he gets out of the office?’ And the DOJ said even that would be too disruptive. The president is candidly a little above the law but not entirely above the law. There’s always impeachment. The president could be indicted after impeachment or indicted after his term ends naturally.”
The week will be filled with a number of things that contribute to the investigation. Former Trump “fixer” Michael Cohen is scheduled to testify before Congress. Honig also advised watching Roger Stone, because “it took him one business day to threaten the judge after she put the first gag order. Will he abide by this one? I’m not betting on it.”
Watch the full discussion below:
Rick Santorum: ‘I have no problem’ with John Bolton testifying after ‘this impeachment thing’ is over
Conservative CNN contributor Rick Santorum asserted on Tuesday that former National Security Adviser John Bolton should wait until after President Donald Trump's impeachment trial ends to reveal what he knows about the president's scheme in Ukraine.
"The only thing I would question is sort of the timing of submitting the book for review," Santorum said during an appearance on CNN. "I mean, you're doing it at a time -- knowing the history of what goes on in this White House, that leaks are prevalent -- to submit this manuscript at this time, I think was bad judgement."
"I have no problem with John Bolton writing a book," he continued. "This is someone who deeply believes in his worldview and what is best for America and I think he felt compelled to write something about the state of foreign policy in America and where our country is going."
‘The president’s lying — that should matter!’ CNN’s Berman unloads on GOP for blowing off Bolton revelations
CNN's John Berman on Tuesday expressed frustration at the idea that Republican senators could still vote to acquit President Donald Trump even after leaked excerpts of former national security adviser John Bolton's book further implicated the president.
During a panel discussion about Bolton's book, which reportedly alleges that Trump directly linked releasing military aid to Ukraine with investigations into former Vice President Joe Biden, New York Times reporter Maggie Haberman warned that the book may not be the big game changer that many have been hoping to see.
"I'm somewhat more skeptical that this is going to necessarily lead to witnesses," she said. "It might. I just think that we really don't know, and I think the desire for Republicans to have this wrapped up fairly quickly remains strong."
GOP’s Joni Ernst may have inadvertently boosted Joe Biden in Iowa: ex-White House official
On CNN's "New Day," regular contributor and former White House Press Secretary Joe Lockhart almost rolled his eyes at a clip of Iowa Republican Sen. Joni Ernst rushing to the cameras to gush about attacks on Joe Biden, saying she may have ended up helping the former vice president in her own state.
Speaking with hosts John Berman and Alisyn Camerota after watching the clip of the Iowa Republican blurting, "The Iowa caucuses are this next Monday evening, and I'm really interested to see how this discussion today informs and influences the Iowa caucus voters, those Democratic goers. Will they be supporting VP Biden at this point?" Lockhart seemed in disbelief that she may have handed Biden a boost.