The crisis is here
House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) spelled out the stakes after the committee’s vote to hold Attorney General William P. Barr in contempt:
Indeed, if President Trump can dream up a preposterous executive privilege claim to try to stop Barr from testifying and from producing the entire special counsel report, to prevent the star witness in the obstruction of justice probe (Donald McGahn, former White House counsel) and possibly to block Robert S. Mueller III from testifying, we have no oversight process, no check on a lawless president and no accountability to the American people for the president’s actions.
It’s critical to keep in mind five political and legal points.
First, the basis for the Office of Legal Counsel memo has been obliterated. If the attorney general can render a judgment on indictment, but use the excuse the president cannot be indicted in office and then block Congress from access to material and to witnesses essential to consider even the possibility of impeachment, we would have constitutional chaos. A president would be motivated to break the law, the attorney general motivated to help cover it up and the president’s party motivated to help the president stonewall. If nothing else, the next president must revisit the OLC memo (which many legal scholars think is wrong) so that at least one option is available to deal with a lawless president: indictment or Congress’s full access to materials to consider impeachment.
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