Discover and read the best of Twitter Threads about #ExecutivePrivilege

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THREAD: I invoked Rod Serling & Twilight Zone when the news hit about #Trump asserting #ExcutivePrivilege over documents underlying #MuellerReport. I thought I should explain given your questions about US v Nixon & more.
First, there are two different issues to sort through. 1. grand jury material redacted in #MuellerReport and the grand jury material - documents - the report relies on; and 2. documents like McGahn's notes that Mueller refers to in the report that may exist outside of grand jury
House Dems are basically arguing they can see grand jury material behind closed doors (not public) without a court order. The Congressional Research Service notes that 2 court decisions agree with them & others do not. This sets up a court battle. fas.org/sgp/crs/secrec…
Read 15 tweets
1. There are three methods for dealing w/ noncompliance to Congressional subpoenas; each invokes authority from one of three branches of Gov:

1) Inherent Contempt
—Authority of Congress

2) Criminal Contempt
—Authority of Executive

3) Civil Contempt
—Authority of Judiciary
2. The House Judiciary Cmte is pursuing Criminal Contempt.

The Cmte votes today on resolution recommending Pelosi hold a full House chamber vote citing AG Barr w/ Criminal Contempt for noncompliance w/ subpoenas for full unredacted Mueller Report.
(2 U.S.C. § 194 and § 194).
3. Next steps

a) Pelosi schedules full House vote on Barr Contempt citation.
b) If approved, citation is sent to US Attorney for DC, Jessie Liu.
c) Liu decides whether to prosecute her boss, Atty-Gen Barr.
d) If Liu prosecutes, she presents Contempt citation to DC Grand Jury.
Read 9 tweets
1. What's stopping @RepJerryNadler from issuing #Mueller subpoena?
Is it #ExecutivePrivilege? The idea that there is executive privilege over Mueller testifying in congress is beyond absurd. Executive privilege is to protect Presidential communications with advisers.
2. This was a criminal probe of the President. There is no possibility that Executive Privilege attached especially where it's likely he took the 5th. This is a red herring.
3. Grand Jury Rule 6(e)? Barr can easily obtain a waiver from Beryl Howell the DC chief judge. Again nonesense.
National Security? Sure, that's what redactions are for.
Read 7 tweets

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