I'm kind of shocked to hear that #45 can actually stop someone from testifying

[Maraya1969]

to congress, even if they are subpoenaed. What law does that fall under where the president has so much power; especially more power than congress?

Last night Rachel was talking about how surprising it was that #45 "let" Don McGahn talk to the special council and how that means they cannot tell him now that he is not allowed to testify in front of congress.

Apparently they are saying the information is "Privileged" I think there is something wrong with the setup if the president can decide who talks to who.

[HopeAgain]

1. This is not a separation of powers issue

It's an attorney-client privilege issue. It gets really complicated because McGahn represented the Office of the Presidency, not the President himself.

[hlthe2b]

2. He can't stop private citizens... Some executive privilege exists with his own staff/advisors, but

Mueller was a special prosecutor, not an advisor, so that isn't going to play--especially once Mueller leaves the DOJ in a few days. With McGahn, Trump already waived executive privilege when he did not assert it with McG's testimony to Mueller. He can try to assert it now, but legal scholars agree that won't play.

Trump can try to block current executive branch personnel from testifying, but once subpoenaed, all he will really accomplish is delaying their testimony.

[cstanleytech]

5. Could he face potential obstruction of justice charges for it should it emerge that he has

been refusing to allow government officials to cooperate in order to try and cover up a crime?

[hlthe2b]

6. As additional charges in an impeachment inquiry--absolutely...

[cstanleytech]

7. I thought as much.

[StarfishSaver]

3. He can't, except through invocation of Executive Privilege

Executive privilege protects certain communications between a president (or Cabinet member) and their staffs in order to allow a free range of advice and discussion to flow internally without fear of later being disclosed.

However, Executive Privilege only covers certain matters. It does not protect criminal behavior or discussions about committing crimes.

Congress has a strong argument that Trump's instructions to McGahn were criminal. Therefore, the privilege doesn't apply.

But even if it does, by authorizing McGahn to talk to Mueller, Trump waived the privilege and can't get it back.

[PoliticAverse]

4. You must have missed all the times other Presidents did the same thing...

under the guise of "executive privilege".

[Maraya1969]

9. The only one I can think of is Nixon and we know what happened there. Who else?

[PoliticAverse]

11. Bush (1) used it to prevent Karl Rove's appearance...

https://www.eastbaytimes.com/2007/08/02/bush-invokes-executive-privilege-for-rove/

Bush (2) used it to prevent Harriet Miers' appearance:
https://www.foxnews.com/story/bush-aides-win-delay-for-congressional-testimony

Obama used it to prevent Holder's appearance:
https://www.voanews.com/a/obama-invokes-executive-privilege-in-congressional-investigation/1216184.html

[former9thward]

12. In 2012 Obama used Executive Privilege to stop Congress from seeing documents.

Congress was investigating Fast and Furious and the AG, Eric Holder, refused the documents. Congress found Holder in Contempt. Holder refused to prosecute himself and it went away.

[KY_EnviroGuy]

8. This reflects Republican's distorted vision of any elected office...

as their being elevated to a god-like status with no accountability, rather than a vision of being a public servant with an open mind and open books and records.

Our current system clearly allows for easy abuse of power........

[uponit7771]

10. He can't, congress can ... via inherent contempt... fine the person or arrest them. This congress is

... maybe caught of gaurd