Seth AbramsonVerified account
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(THREAD) BREAKING NEWS: Trump will try to block Sessions' testimony in an illegal assertion of executive privilege. Here's why it's illegal:Seth AbramsonVerified account @SethAbramson 2h
(1) The Intel Committee has made clear that what they MOST want to ask Sessions about tomorrow are his conversations with Trump about Comey.
(2) News reports from the past hour indicate that AG Sessions will attempt to evade ALL of these questions by invoking executive privilege.
(3) There are two problems with this—one, only the privilege-holder (Trump) can assert the privilege; two, Trump waived executive privilege.
(4) As we saw law week, Trump seeks to assert executive privilege NOT by asserting it but by leaving a cloud of DOUBT as to whether he will.
(5) DNI Coats and Admiral Rogers (NSA) tried to assert executive privilege despite NOT being privilege-holders and Trump NOT asserting it.
(6) As the Senate did NOT hold Coats or Rogers in Contempt of Congress, the White House has learned it can shut up witnesses WITHOUT A WORD.
(7) This is CRITICAL—as if the White House actually ASSERTED executive privilege, the Senate could take it to court to pierce the privilege.
(8) In any such case Trump would LOSE because he WAIVED executive privilege by publicly discussing (on Twitter) the "privileged" content.
(9) This is SCARY and UNCONSTITUTIONAL: it means Trump can LIE about private conversations and then SHUT UP witnesses without a single WORD.
(10) And worse, when Trump does what I've described he CAN'T be taken to court—as the only remedy is Contempt of Congress against a witness.
(11) The Senate Intel Committee must act NOW—within the next few hours—to demand that Trump publicly and clearly ASSERT executive privilege.
(12) If the Senate does NOT act in the next few hours Sessions will evade ALL key questions tomorrow with NO repercussions for him or Trump.
(13) We already know this presidency is lawless. What we CAN'T allow is a lawless president putting himself outside the reach of the courts.
(14) America is entitled to ANSWERS from its top law enforcement officer as to whether POTUS committed a high crime: Obstruction of Justice.
(15) If Sessions improperly asserts a privilege tomorrow that ISN'T HIS to assert—with a silent WH—he is COVERING UP an impeachable offense.
(SOURCE) The source of the news Trump will try to BLOCK the better part of Sessions' testimony tomorrow is Mike Levine of ABC. See his feed.
(PS) Senators: if Sessions stonewalls on the Comey matter you have to hit the Mayflower Hotel story harder than it's ever been hit before.
(FOLLOWUP) What I feared has now happened: via Spicer, the White House is officially REFUSING to say if it is asserting executive privilege.