emptywheel is not a lawyer, but this is still a very plain matter of waiver of a privilege.I wrote about this here:https://t.co/0LH5em2rBO
— emptywheel (@emptywheel) February 9, 2023
Folks, let me reiterate something.
— emptywheel (@emptywheel) February 9, 2023
If you publish something in the WSJ, you cannot, then, say you can't share it with a grand jury because it is covered by Executive Privilege.
A reminder that Maggie isn’t a lawyer, either.Maggie: BREAKING NEWS!!!! Jack Smith wants Mike Pence to answer questions he wrote up for WSJ. This is the MOST AGGRESSIVE MOVE YET.
— emptywheel (@emptywheel) February 9, 2023
Cmon, people.
Pence’s executive privilege claims will last about 10 minutes in court, appeals included. Pence wrote a book and a newspaper column. Any privilege on the topics in either have been waived.The subpoena came after discussions between DOJ and Pence team over his testimony were at an impasse, per a person briefed on the matter.
— Maggie Haberman (@maggieNYT) February 10, 2023
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