Trump Vows Stonewall of ‘All’ House Subpoenas – The New York Times
And on Twitter, Mr. Trump offered a novel idea for pushing back against any impeachment proceedings if House Democrats tried to move forward with them: He would get the Supreme Court to order them to stop.
âIf the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court,â Mr. Trump wrote over two posts. âNot only are there no âHigh Crimes and Misdemeanors,â there are no Crimes by me at all.â
Nothing in the Constitution or American legal history gives the Supreme Court a role in deciding whether Congress has misidentified what counts as a high crime or misdemeanor for the purpose of impeachment.
Notwithstanding Mr. Trumpâs denunciation of the subpoena to Mr. McGahn, his administrationâs legal team has not put forward any legal theory for why executive privilege â the presidentâs power to keep secret certain internal executive branch information â would ban the kind of testimony the House Judiciary Committee is seeking from the former White House lawyer: essentially, to go over what he already told Mr. Mueller.
Mr. Trump waived executive privilege to let Mr. Mueller freely question Mr. McGahn about their conversations, and Attorney General William P. Barr made Mr. McGahnâs accounts public by disclosing most of the special counselâs report â likely a further waiver of the privilege.
Mr. McGahn has expressed frustration about the situation, according to a person close to him. He advised the president in 2017 against cooperating with Mr. Mueller and believes that if Mr. Trump had followed his advice, he would have a far stronger argument that their conversations are protected by executive privilege, the person said.