Analysis: How the Trump-Congress subpoena fight is likely to play out
By Philip Bump Philip Bump National correspondent focused largely on the numbers behind politics Email Bio Follow April 24 at 11:24 AM It’s safe to say that President Trump is, at best, indifferent to the system of checks and balances that gives Congress the power to oversee his administration and his presidency.
We’re just past the brink of a wide-ranging, multifront legal fight between the executive and legislative branches. To determine who’s most likely to win that fight, I spoke with Lisa Kern Griffin, a law professor at Duke University. That’s an important concept. The short version is that administrations can refuse to provide information by claiming that doing so would reveal details of high-level decision-making that should remain protected. If challenged, the issue would come before a judge to determine whether the information being protected deserved to be shielded by privilege.
This is sort of situation that most obviously adheres to the debate outlined above. The Trump administration will assert privilege, and Congress will try to compel testimony anyway. The claim of privilege will likely be evaluated in court. If you’re one of those people tracking the collapse of existing norms in Washington, get out your pencil.This situation — which applies to McGahn, among others — is trickier.
“The issues that Congress wants to talk to Don McGahn about involve either no privilege or areas where privilege has already been waived,” she said. “So I don’t anticipate that any assertions of privilege will be meaningful with respect to Don McGahn’s testimony.” “It has appropriations powers, and sometimes it has used those to leverage information out of agencies, for example,” Griffin said. “There are mechanisms that are more clearly within the House’s control that it can use in any given power struggle over issues of this sort.”
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