More On Claiming Executive Privilege
Paul Kiel goes through some of the basics with law professors Lederman and Turley.
First question, can Sara Taylor testify in spite of the WH's "direction" on executive privilege (note: I think the question is backwards, can Taylor NOT testify based on that direction. I say no.):
First, although the president has "directed" Sara Taylor, Karl Rove's former aide, and Harriet Miers, the former White House counsel, not to testify, the decision is still up to them, both said. Although the traditional expectation is that aides will comply with determinations of executive privilege by the president, both could still refuse. It would be a "career ending move" to be sure, Turley added, but there is no legal impediment.
Honestly, I do not agree with the notion that a former aide can rely on a "direction," which seems to be the implication of Turley and seemingly, Lederman. I think the proper course is this:
Even if Taylor decided to defy the president's direction and testify, the White House would surely seek to bar her testimony in court through a restraining order, an injunction, or some other means, both experts agreed.
Precisely. It is up to the WH now to assert its privilege. Taylor has no privilege to assert. More.
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