Can Matt Whitaker (Acting AG) claim "executive privilege" and refuse to show up ?

[kentuck]

Or does "executive privilege" have to be in writing by the President of the United States?

If he does not appear, can the Congress hold him in contempt?

Sooner or later, the Congress needs to get some answers from him. How much has he told Donald Trump about the evidence in the Mueller investigation? When was the last time that he talked with the White House? Why didn't he recuse himself from the investigation? Has he received any offers of other jobs from the White House?

There are many questions he needs to answer.

It appears that their new strategy is to put William Barr in his position and let him handle the cover-up from this point forward?

[Adrahil]

1. Technically, no.

The President must assert privilege.

And Congress could still subpoena him. And could hold him in contempt. But then what?

Technically, he could be charged, but the people charging him work for him.

This where the rule of law breaks down.

[NewJeffCT]

3. Can the House alone hold him in Contempt?

Or, do they need both houses to vote on it?

[Cattledog]

6. From Wikipedia

Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation).

[manor321]

5. House OR Senate can arrest and detain until the session ends

[RockRaven]

7. While there is a federal statute about Contempt of Congress, Congress retains the ability to

handle it themselves. See the "Inherent contempt" section of this article:

https://en.wikipedia.org/wiki/Contempt_of_Congress

[niyad]

2. didn't the deadline pass for him to claim that privilege?

[wryter2000]

4. He wasn't even confirmed

He isn't even the Attorney General. Of course, that won't stop him. For all we know, he might claim immunity because he's not from Earth. If he doesn't cooperate, send law enforcement to bring him in in handcuffs.

[gratuitous]

8. Pushing the bounds is de rigeur for this bandit administration

Certainly the Trump administration has stretched the notion of executive privilege beyond all previously-recognized bounds. It used to be that only the president had executive privilege (a dubious concept that, like the right to privacy, doesn't really appear in the Constitution). The Trump administration has invoked executive privilege to shield everything from Trump's "executive time" activities to the hiring practices at his resorts from the public. Up until the new Congress convened at the beginning of January, the Legislative Branch was remarkably accommodating of the administration's desire to operate away from prying eyes.

I think if Whitaker attempts to invoke executive privilege, he's going to find more opposition than a little bit.

[TheBlackAdder]

9. Here's an ex-prosecutor answering that.

.

Ex-federal prosecutor reveals Whitaker only pulled out of hearing after he realized he couldn’t cite executive privilege

https://www.rawstory.com/2019/02/ex-federal-prosecutor-reveals-whitaker-pulled-hearing-realized-couldnt-cite-executive-privilege/

.