(…)There is speculation that the president might try to seek to invoke executive privilege to stop Comey testifying this week. Citing two senior administration officials, the New York Times
reported that Trump will not seek to block Comey’s appearance. Trump spokeswoman Kellyanne Conway, however, would not rule out the option, saying it was up to the president to make that decision.
Executive privilege would be a desperate gambit. No president has ever tried to use it to stop a former official, who was willing to speak, from giving testimony. Richard Painter, who was chief ethics lawyer in the George W Bush White House, pointed out that having fired the FBI director, Trump has little leverage to stop him speaking.
“I don’t think that Jim Comey is going to give a rat’s behind about what Kellyanne Conway has to say,” Painter said.
In theory, Trump could get the justice department to go to court to get an injunction against Comey testifying, but government lawyers would face an uphill battle. The courts ruled in the course of the Watergate scandal that executive privilege cannot be used to hide inappropriate or unlawful conduct by the executive. And Trump himself has already put the substance of his conversations with Comey in the public domain by giving his version of them, claiming to NBC that the FBI director told him three times he was not under investigation.(…)
The White House has sought to block the congressional investigation of Trump-Russia links in other ways, taking the unprecedented step of instructing government agencies not to comply with requests for information from Democrats. But Trump cannot rely entirely on the loyalty of congressional Republicans. Most importantly, Richard Burr, chairman of the Senate intelligence committee, is showing growing independence from the White House. The most substantive evidence of that shift to date is the committee’s invitation to Comey to give testimony in open session.
There is also very little Trump can do to impede the work of the special counsel,
Robert Mueller, who was Comey’s predecessor as FBI director and whose appointment to take over the Russian investigation was a direct and unintended consequence of Comey’s sacking.
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