June 14, 2017

NOT THAT ANYONE EXPECTED HIM TO UNDERSTAND LAW OR THE CONSTITUTION:

Three key questions Sessions didn't answer (Peter Grier, JUNE 14, 2017, CS Monitor)

Attorney General Sessions appeared to have a two-pronged strategy for his appearance, which came in the wake of fired FBI Director James Comey's dramatic testimony last week.

The first prong was to defend his own integrity in regards to dealings with Russians. He did this forcefully, right from the start: Any insinuation that he had colluded with Russian agents in the dissemination of leaked Democratic emails prior to the 2016 election is an "appalling and detestable lie," Sessions said in the hearing's opening moments.

The second prong was to avoid saying anything about his dealings with President Trump. This was difficult due to the fact that the president has not invoked executive privilege to prevent his communications with Sessions from becoming public.

Instead, Sessions declined to answer specific questions due to Justice Department policy, and on the grounds that he was preserving for Trump the ability to raise the executive privilege shield in this matter if he so desires.

Sessions can't invoke executive privilege, but he's using it a lot (Noah Bierman, 6/14/17, LA Times)

Atty. Gen. Jeff Sessions is having a hard time shaking questions about his refusal to testify about his conversations with President Trump, which has forced him to invoke a circuitous interpretation of the president's right to executive privilege. 

Not long after Sen. Martin Heinrich (D-N.M.) grilled him about "impeding this investigation" by declining to answer questions, Sen. Angus King (I-Maine) took a shot.

It's not up to Sessions to invoke executive privilege. It's up to the president, making it tricky for Sessions to use that right to avoid answering questions.

"I understand" the right to executive privilege, King said. "But the president hasn't asserted it," King told Sessions after he refused to discuss his conversations with Trump about the firing of FBI Director James B. Comey.

"I am protecting the right of the president to exert it if he chooses," Sessions replied.

That struck King as confusing. How could Sessions use an executive privilege that has not been invoked? "I don't understand how you could have it both ways," he said.


Even if there were some imaginary way the AG could do this; Donald's offer to testify himself would seem to have waived any potential claim on behalf of staff.


Posted by at June 14, 2017 8:45 AM

  

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