Lots of folks asking this. Two points I think are worth making: 1. McGahn CAN NOT legitimately invoke executive privilege on any topics that were the subject of his 30 hours of interviews with team Mueller. Why? Executive privilege (EP) has been waived three times over.
First, EP was waived when the administration allowed McGahn to interview with Mueller. Any claim by Trump’s lawyers that they were actually intending to preserve their ability to raise EP down the road is face-saving BS (once they realized they made a bad decision).
Second, when the Mueller report was about to be released, Trump said he would let Barr decide if they would try to claim EP on any of the substance in the report. Barr did not claim EP on any topic. Third, Mueller testified publicly about the information McGahn provided.
So EP is a dead issue via-a-vis McGahn (at least regarding info already disclosed to Mueller). Now, regarding the stay (maintaining the statu quo during the appeal): the court should reject Trump’s request for a stay pending appeal.
Because the McGahn cat is already out of the Trump-obstruction bag, Judge Jackson’s ruling can be appealed while McGahn testifies to Congress. The info is already outed via the Mueller report so if Judge Jackson’s ruling gets reversed on appeal (it won’t), no harm, no foul.
