This week, President Donald Trump railed against the Mueller probe, accusing the investigation of being a politically motivated “witch hunt.”
He also declared that he would ignore all subpoenas coming from Democrats. Fox News host Trace Gallagher invited a legal expert to address whether Trump’s obstruction strategies would succeed.
“We’ve had this issue with Nixon, the George W. Bush Administration and the Obama Administration,” said defense attorney Bob Bianchi.
“But generally speaking, Trace, the courts are looking in favor [of] supporting Congress’ oversight role under article 1 to check abuses in the executive branch of government as well as get data and information from which they could do due diligence, to have legislative policy here,” he added.
“So one of the things that will be real problematic are the two issues that you alluded to … Number 1, all privileges can be waived if you allowed it to go to a third party outside the communication chain, i.e. McGahn speaking to Mueller.”
“When [the Trump administration] could have exercised privilege to redact the information to the public, they didn’t. That will be very difficult for them,” Bianchi continued. “Once the round is out of the chamber of a gun, it’s virtually impossible to get it back, Trace.”
“The second thing that is very relevant here and I’m not politicking, this is just the law in all cases, is when a litigant, if you will, is making public statements about a thing, then they’re opening themselves up. They’re waiving that privilege that is there.”