Posted by: maboulette | May 11, 2017

Trump May Have Forfeited Executive Privilege with Comey


Now that Trump has fired FBI Director Comey, he seems to be banking on the knowledge that Comey is too much of a ‘law-and-order’ guy to encroach on executive privilege by telling about all he really knows. But since Trump posted an “amateur-hour” letter firing Comey that appears to not have been run past an attorney; the wording of his letter might have cost him that executive privilege.


Trump tried to use the letter to paint himself as innocent on the Russia scandal by inserting a really odd claim in the middle of it, by stating that Comey had “informed me, on three separate occasions, that I am not under investigation”. The direct trouble for Trump is that most people don’t believe that claim on its face, because Comey is indeed too much of a ‘law-and-order’ guy to have made that kind of remark about an ongoing investigation.


But now by disclosing a supposed private conversation with Comey about the Russia investigation, Trump may have unintentionally surrendered the executive privilege that he had with Comey. If so, it means that Comey is now by law free to contradict Trump’s claims and set the record straight.


This places increased significance on the fact Comey is now scheduled to testify before the Senate Intelligence Committee on Tuesday in spite of his firing. Comey is surely speaking to legal experts about the matter and will make his own decision as to whether Trump lost executive privilege, when it comes to deciding how much internal dirt he can now legally reveal.


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