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DOJ says Trump will assert executive privilege to prevent Mueller report's release over contempt vote

Politics Last night
On the evening before a scheduled House Judiciary Committee vote on whether to cite Attorney General Bill Barr in contempt for rejecting a subpoena for the underlying evidence in the Mueller probe, the Justice Department threw down the gauntlet, urging Democrats to cancel the vote. In a letter, the DOJ suggested Trump may assert executive privilege over the unredacted Mueller report, raising eyebrows.

NEW: DOJ throws down gauntlet. Tells House Judiciary either cancel contempt vote or AG will recommend asserting exec privilege over the Mueller report and underlying docs

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DOJ sent letter to House Judiciary Chair threatening if do not cancel the contempt vote tomorrow, Attorney General Barr will recommend President Trump assert executive privilege over the Mueller report + underlying documents. Committee plans to still hold vote.

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The key part of DOJ’s latest letter to Nadler says Barr “will be compelled to request that the President invoke executive privilege” if the House moves forward with contempt process.

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House Judiciary Committee Chairman Jerrold Nadler scheduled a Wednesday vote to hold Barr in contempt of Congress, citing the Justice Department’s failure to provide the full text of Mueller’s report by the Monday morning deadline.

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isn't it late? they already showed it to 2 lawmakers and DOJ offered it today to dozen or two more?

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There is also all the underlying evidence. Remember the boxes and boxes and boxes from Ken Starr? Congress has gotten none of the transcripts, materials, evidence, documents, etc. Currently, Trump is concealing all of it.

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SCOOP: DOJ made an offer to House Dems today to avoid a contempt vote. Elements include: -Letting more staff see less-redacted Mueller report -Letting members keep notes on it Offer does *not* include allowing more than initial 12 lawmakers to see it.

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The 12 members allowed to see the report: Pelosi, Schiff, Nadler McCarthy, Nunes, Collins McConnell, Burr, Graham Schumer, Warner, Feinstein As of last week, only Graham and Collins has seen it, and McConnell has plans to.

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BREAKING: DOJ letter to Nadler says negotiations were unprofitable, claims House Dems have needlessly escalated the matter. Says"the Attorney General will be compelled to request that the President invoke executive privilege with respect to the materials subject to the subpoena."

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NEW from on DOJ raising executive privilege: “The Department’s legal arguments are without credibility, merit, or legal or factual basis... The Committee will also take a hard look at the officials who are enabling this cover up.”

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DOJ threatens to invoke executive privilege over the entire Mueller report if Nadler moves forward with a contempt vote. This silly, over-the-top position won’t play well before a judge. Most of the Mueller report is already in the public domain.

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how are there just not mass resignations at DOJ—I mean rank-and-file who aren’t political appointees?

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The language of this letter is unclear. Lots of people are reading it as "DOJ will ask for executive privilege *if* Nadler presses forward with contempt." BUT the letter also urges the committee to hold off on contempt "pending the President's determination of this question."

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Unless I'm reading it wrong, the letter appears to say both things. But they both can't be true.

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This is nonsense. To state the obvious, you can’t claim Executive Privilege on materials to keep them secret if they are already public. EP only exists to prevent disclosure. If it’s already disclosed, there is no longer any privilege.

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AG Barr not only has not read the Mueller report, but it now seems he has not read US v Nixon either.

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In US v Nixon, the subpoenas issued from a court, not Congress, but the logic applies: executive privilege outside the national security context is not an absolute - and cannot be used to thwart law enforcement

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A letter from Rep. Jerry Nadler says "the Committee will move to contempt proceedings" if the Justice Department doesn't comply with its subpoena.

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House Democrats are moving forward with efforts to subpoena to obtain the complete Mueller report.

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