'That’s the ball game': Former prosecutor shoots down Trump’s latest claim of executive privilege
Donald Trump has vacillated between attorney/client privilege to executive privilege and at times he merely says "privilege" as the justification that the FBI shouldn't have access to the government documents he retained when he left the White House.
Former Justice Department lawyer Harry Litman explained that Trump's recent rant of executive privilege makes it clear that the game is over. At the same time, none of the information that was revealed by the recent Justice Department response would have been available without Trump's demand for the special master. Over and over, Trump appears to miscalculate and the Justice Department appears to be several steps ahead of him.
"It's been a series of self-inflicted wounds, each one worse than the last," Litman explained. In "this last one they were able to really give some more detail because Trump did a little forum shopping to get another judge. They said to that judge you haven't seen the affidavit so let us tell you a thing or two, and the thing or two was really extremely damning."
The idea of "smashing together" the various types of privilege, "is the ball game here," Litman continued.
"All their case is asking for a special master involves attorney/client privilege. Trump could have attorney/client privilege with his own personal lawyers. What he doesn't have is any kind of standing about these documents, the public documents and the very first legal argument that DOJ made and that Trump will have to answer in an hour is why do you have any interest in these documents at all to even be here?" he revealed. "You've got no right, no interest. These don't belong to you any more than to any other citizen. It's a tough argument and his submission last night really doesn't begin to answer it."
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