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Editor's Brief

A Few Caveats on the White House’s Latest Riposte

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May 7, 2019 11:57 a.m.

Brief point on this latest stand by the White House telling Don McGahn not to comply with a congressional subpoena for documents. I think it is important to say that normally a congressional subpoena of documents related to the White House Counsel’s dealings with, advice to the President, communications with the President, etc. would be a very, very uphill climb. It’s prime executive privilege territory. In this case, if I’m understanding this, the argument is that these documents are tied to issues, communications, advice on which McGahn and the White House already waived privilege to talk with the Mueller probe.

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