Tuesday, October 01, 2019

Not a claim of "executive privilege"


But you know it's coming.

Kavanaugh is on the record wanting to reverse U.S. v. Nixon, the case that settled the issue of the reach of executive privilege in an impeachment context.  Maybe the Administration thinks they have a shot at that, or maybe they just want to impede as much as possible.  My expectation is impeachment changes the rules of the game, and questions about what Congress can ask of whom get a great deal broader and challenges get batted down ASAP.

So these people will be expected to testify, sooner rather than later.  The subpoena, after all, will go to them, not the State Department.  Pompeo can fume and pontificate, but he can't protect individuals from the consequences of ignoring a lawful subpoena, which, after all, means "under penalty."

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