Trump White House Counsel Pat Cipollone has no legal leg to stand on.
With news reporting Pat Cipollone is considering invoking executive privilege before grand jury.
PSA: DC Court of Appeals rejected such claims of (incumbent!) Deputy White House Counsel before a grand jury.👇
2. The same goes for Greg Jacob, Pence chief counsel.
DC Court of Appeals - in re Lindsey 1998 - made points that are directly relevant to these Trump White House lawyers.
Most important: A GOVERNMENT lawyer has special duty to expose evidence of potential criminal wrongdoing.
3. What's more, DC Court of Appeals noted the weakness in trying to asserting such privilege WITHIN the executive branch (in contrast to asserting it against Congress).
Case involved DOJ seeking information from WH lawyer before grand jury.
4. This prescient piece by former White House Counsel W. Neil Eggleston drives these points home as well:
"In the grand jury context, it is only more apparent that any assertion of privilege would collapse."
justsecurity.org/82201/the-law-…
5. And yes of course, here the President of the United States has taken a decision not to assert executive privilege.
The attempt for Trump to assert executive privilege over White House documents turned over to Congress was rebuffed by the Supreme Court.
Eggleston again:
6/6. Here's the reporting on Pat Cipollone's considering invoking executive privilege before the grand jury.
@PamelaBrownCNN
cnn.com/2022/08/02/pol…
@KFaulders @Santucci @alex_mallin
abcnews.go.com/US/white-house…
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