House Judiciary Committee Chairman Jerry Nadler (D-NY) asserted Sunday that the President has no legal right to claim executive privilege over evidence of wrongdoing in special counsel Robert Mueller’s report.
Asked by CNN’s Dana Bash Sunday if he would go the Supreme Court, if necessary, to get Mueller’s report released publicly, Nadler said “absolutely.” He earlier said he would subpoena the report if necessary.
Mueller concluded his investigation Friday and turned in a final report to Attorney General William Barr. Congress and the American public are currently waiting to see the report — or, however much of it Barr deems suitable for public and congressional eyes.
Regarding the Trump White House’s insistence that the President review the report for potential assertions of executive privilege, Nadler recalled a precedent set during Watergate.
“He has no right to claim executive privilege on any evidence of wrongdoing,” Nadler said. “Executive privilege cannot shield evidence of wrongdoing.”
“That was made very clear by the 9-nothing decision of the Supreme Court in the Nixon case where they ordered the tapes revealed, even though those tapes were personal conversations with the president and some of his advisers.”
(In fact, the decision was made with an unanimous 8-nothing vote; Justice William Rehnquist recused himself.)
Nadler said later of Mueller’s efforts: “Like any other product of human hands, we have to look at the underlying evidence and make our own judgement as to their judgments.”
Nadler: Trump "has no right to claim executive privilege on any evidence of wrongdoing." pic.twitter.com/WvskKcmsb1
— Matt Shuham (@mattshuham) March 24, 2019
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