Here’s how Whitaker screwed up during his congressional testimony — and weakened Trump’s ‘executive privilege’ argument
A security expert and former Obama administration official explained Saturday morning that in spite of citing “executive privilege” during his testimony Friday, Acting Attorney General Matthew Whitaker may have weakened the Trump administration’s use of the standard.
In a thread about the hearing, Just Security founding editor Andy Wright noted that the House Judiciary Committee “now has a better understanding of [the Justice Department’s] legal position on privilege related to communications between Whitaker and Trump.”
Whitaker did indeed cite the privilege during his testimony before the newly-Democrat-controlled committee — but only after claiming he’s never been asked by the White House to make “any promises or commitments concerning the special counsel investigation, or any other investigation.”
WHITAKER: “At no time has the White House asked for nor have I provided any promises or commitments concerning the special counsel investigation, or any other investigation.”
Adds that he won’t testify about his conversations with Trump, citing executive privilege. pic.twitter.com/lUEwl1A6gv
ADVERTISEMENT— Aaron Rupar (@atrupar) February 8, 2019
“Whitaker’s characterization of conversations with Trump he will not further disclose exposes him to a Committee finding he has waived privilege,” Wright noted, “and likely weakened the executive branch legal position on [the] waiver before a court.”
The former House Oversight Committee aide went on to add that although the acting AG’s “contemptuous behavior” during the hearing, including his reminder to House Judiciary Chairman Jerrold Nadler (D-NY) that he was over his time limit, “may excite” Trump’s base, but will also “have long term negative consequences” for Whitaker and the DOJ.
Check out the whole thread below:
2) One central function of a hearing is to make the executive branch official give reasons for government conduct—the mere fact of having to give reasons to Congress has all sorts of benefits inside the executive branch
ADVERTISEMENTThe HJC #WhitakerHearing presumably had that effect
— Andy Wright (@AndyMcCanse) February 9, 2019
…had the effect of hyping the expectations of that Perry Mason moment.
4) In addition, as a congressional investigator, I much preferred to have a witness at the end of a document intensive investigation, not at the beginning. Whitaker was early on that score.
— Andy Wright (@AndyMcCanse) February 9, 2019
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6) HJC now has a better understanding of DOJ’s legal position on privilege related to communications between Whitaker and Trump.
7) Whitaker’s characterization of conversations with Trump he will not further disclose exposes him to a Committee finding he has waived privilege…
ADVERTISEMENT— Andy Wright (@AndyMcCanse) February 9, 2019
…and likely weakened the executive branch legal position on waiver before a court.
ADVERTISEMENT8) Whitaker’s contemptuous behavior toward the Chair (time limits!) may excite the #MAGA base but it will have long term negative consequences for Whitaker & DOJ w/ its authorizing committeee
— Andy Wright (@AndyMcCanse) February 9, 2019
On Monday, the Daily Beast reported that the new 007 -- the special agent in the James Bond series -- will be portrayed by the black actress Lashana Lynch.
The announcement set off predictably racist and sexist reactions.
Perhaps the most prominent right-winger to voice his displeasure was Ben Shapiro, who complained that it didn't make sense for Bond to be a woman because of the character's signature seduction moves.
"Bond is about the guns and the girls," Shapiro said, noting that a woman in a seductive role was not realistic.
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REVEALED: The government just ‘dramatically’ expanded its investigation of Jeffrey Epstein
Federal investigators have been able to “dramatically expand” their investigation into financier and sex offender Jeffrey Epstein as prosecutors bring sex trafficking charges against him, Assistant U.S. Attorney Alex Rossmiller said in court on Monday.
The government revealed the expansion of the case at the day’s bail hearing. In searching the defendant’s house, investigators found an old passport with Epstein picture and a fake name that listed Saudi Arabia as the location of his residence, the prosecutor said.
The judge was surprised at this revelation, NBC News reported, asking the attorney, “Say again?”
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Will Hurd becomes first GOP lawmaker to condemn Trump’s ‘racist and xenophobic’ attacks on Dems
Rep. Will Hurd (R-TX) on Monday became the first Republican lawmaker to unequivocally condemn President Donald Trump's racist attacks against four Democratic lawmakers.
When asked by CNN's Christiane Amanpour about Trump's weekend tweets, in which he told Reps. Ilhan Omar (D-MN), Alexandria Ocasio-Cortez (D-NY), Ayanna Pressley (D-MA) and Rashida Tlaib (D-MI) to “go back” to their countries despite the fact that all four are American citizens, Hurd did not hold back on repudiating the president's statements.
"Those tweets are racist, and xenophobic," he said. "They’re also inaccurate. The four women he’s referring to are actually citizens of the United States."
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