Tuesday, June 4, 2019

White House Instructs Hicks, Donaldson Not to Comply with House Judiciary Subpoenas

White House Counsel Pat Cipollone wrote to House Judiciary Committee Chair Jerrold Nadler today that the White House had instructed former staffers Hope Hicks and Annie Donaldson not to comply with Committee subpoenas for documents related to their time in the White House. The instruction is categorical.

Cipollone's letter is here.

The reasons are all too familiar, even if ill defined. Cipollone wrote,

Th[e subpoenaed documents] include White House records that remain legally protected from disclosure under longstanding constitutional principles, because they implicate significant Executive Branch confidentiality interests and executive privilege.

It's not at all clear which documents Cipollone is referring to (all? some? which?), and it's not clear how "confidentiality interests" and executive privilege apply. Cipollone writes that this spaghetti-on-the-wall approach has DOJ's concurrence. He also writes that the White House and the Committee might be able to work something out.

Absent from this latest White House effort at frustrating congressional oversight is another familiar claim: that the Committee has no "legitimate legislative purpose" in the material. Perhaps that'll come out if and when this goes to litigation.

https://lawprofessors.typepad.com/conlaw/2019/06/white-house-instructs-hicks-donaldson-not-to-comply-with-house-judiciary-subpoenas.html

Congressional Authority, Executive Authority, Executive Privilege, News, Separation of Powers | Permalink

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