Posted by DrJohn on 9 May, 2019 at 4:16 am. 26 comments already!



Two weeks after former Attorney General Michael Mukasey embarrassed CNN host Chris Cuomo on his own show (Cuomo Prime Time) by calling out how his was “misleading a lot of people,” he was back to school Cuomo and spoon feed him the law on executive privilege, releasing grand jury material, and obtaining FISA warrants. As a reminder, Cuomo used to be a trained lawyer and treats his show like a courtroom.

As they began diving into what was covered by executive privilege, Cuomo couldn’t understand why former White House counsel Don McGahn’s conversations with President Trump should still be protected (click “expand”):

MUKASEY: McGahn’s disclosures. Because —

CUOMO: Even if he doesn’t work there anymore.

MUKASEY: Correct. It’s not whether he works there anymore, it’s whether he worked there at the time that he made them.

CUOMO: But does the privilege survive? I mean, it’s not the privilege of me giving you $5 and you representing me in a case against someone else. That’s a complete privilege. This is an incomplete privilege.

Mukasey tried to explain that since McGahn and Special Counsel Robert Mueller were both part of the executive branch, their conversation was protected. And in the process, Mukasey blasted Democrat Rep. Ted Lieu (CA) for being “flat-out wrong” about McGahn waiving that privilege.

Cuomo still couldn’t wrap his head around it, so Mukasey had to walk him though the logic step-by-step (click “expand”):

MUKASEY: Mueller is still a member of which branch of government?

CUOMO: Executive.

MUKASEY: Thank you. It’s an executive privilege. Disclosure from one part of the executive to another part of the executive is not a waiver of the executive privilege.

CUOMO: Who says? It’s hard to find cases on point that’s why I ask you.

MUKASEY: Okay. The concept is inconsistent with waiver. Number one. Number two, if it is a waiver, it’s as you know from law school, waivers are narrowly construed. It’s a relinquishment of a right.

The rest is at Newsbusters

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