, 5 tweets, 2 min read Read on Twitter
McGahn does NOT have to comply with Trump's instruction. Executive privilege has no force against a former employee who *wants* to testify. 1/
Nor can McGahn reasonably cite attorney-client privilege -- the D.C. Circuit has held that there's no attorney-client privilege between WH counsel and POTUS. 2/
Would McGahn get in trouble with the D.C. Bar? Turns out there's an D.C. Bar ethics opinion (h/t @rroiphe) that says if Congress subpoenas a lawyer's documents and threatens contempt, the lawyer may (but not must) comply. 3/ dcbar.org/bar-resources/…
As the article notes, any privilege claims would be undercut by the fact that privilege arguments have been waived or at least weakened by -- at least in part -- by McGahn having spoken to Mueller and by McGahn's testimony appearing in Mueller's report. 4/
One reason why McGahn probably won't defy Trump -- the fear that Trump may order a boycott of McGahn's law firm. Trump may claim such behavior is "modern-day presidential" -- but it's definitely old-school mobster. 5/end
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