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Trump Waives the Privilege: How to read Don McGahn’s cooperation with Robert Mueller.
Wall Street Journal ^ | August 19, 2018

Posted on 08/20/2018 2:57:02 AM PDT by reaganaut1

Donald Trump has a credibility problem, but so do the media. A case in point is the weekend story that White House counsel Don McGahn has cooperated with special counsel Robert Mueller. Let’s try to navigate through this Beltway Hall of Mirrors.

The thesis of the New York Times story is that Mr. McGahn cooperated in a way that could hurt Donald Trump in order to protect himself and because he doesn’t trust the President. This fits the media narrative that Mr. Trump is covering up his collusion with Russia and his obstruction of justice, and thus Mr. McGahn must be scrambling to save himself.

et lost in the resulting tempest is a crucial fact that appears to contradict this spin: Mr. Trump had to waive executive privilege for Mr. McGahn to cooperate with Mr. Mueller.

Mr. McGahn is not Mr. Trump’s personal attorney, so attorney-client privilege isn’t at issue. But as White House counsel Mr. McGahn represents the Presidency. He is a careful enough lawyer to advise Mr. Trump that agreeing to answer Mr. Mueller’s questions would waive executive privilege. And the Times reports that Mr. McGahn’s attorney, William Burck, said on the record that Mr. McGahn cooperated only after Mr. Trump waived any privilege claim.

This in turn meant that Mr. McGahn would have to answer all of Mr. Mueller’s questions. Once privilege is waived, Mr. McGahn couldn’t decide to answer, say, what Mr. Trump told him about Attorney General Jeff Sessions but refuse to discuss the President’s state of mind when he fired James Comey at the FBI. Without invoking privilege there is no legal basis for Mr. McGahn to refuse to answer a question.

This isn’t what you’d expect if Mr. Trump is leading a coverup.

(Excerpt) Read more at wsj.com ...


TOPICS: Editorial; News/Current Events
KEYWORDS: donaldmcgahn; donmcgahn; emmetflood; jamescomey; lisapage; mcgahn; mueller; peterstrzok; recusal; recused; robertmueller; trump; trumprussia; tycobb; witchhunt

1 posted on 08/20/2018 2:57:02 AM PDT by reaganaut1
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To: reaganaut1

I can’t get into the article to read all of it. So can someone explain to me why President Trump has a credibility problem ?


2 posted on 08/20/2018 3:04:42 AM PDT by nikos1121 (Trump w/ Cabinet to the press:"You're free to stay or to go, as I believe in a free press." lol)
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To: nikos1121
I can’t get into the article to read all of it. So can someone explain to me why President Trump has a credibility problem ?


copy & paste the wsj title then paste it into google & search

then click on the wsj article link that google finds

3 posted on 08/20/2018 3:13:18 AM PDT by KavMan
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To: reaganaut1
I wonder if there is a betting pool in London about how long it is before Mueller gets whacked; the London bookies will make odds on anything.
4 posted on 08/20/2018 3:23:35 AM PDT by Truth29
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To: reaganaut1

All of the reason and logic in the world will not sway the unhinged left ( which now includes every democrat)

“Trump is guilty of collusion with Russia which is how he won the election”

All they need is more time and Mueller will find cause for them to impeach the President

This is democrat “ truth”
This is why Giuliani said “ Truth is not truth”
This is why the long knives are out for Rudy
The pack is in full bay


5 posted on 08/20/2018 3:25:05 AM PDT by silverleaf (A man who kneels for the national anthem doesn't stand for much of anything)
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To: reaganaut1

stupid move.

Another, what the hell was he thinking moment.


6 posted on 08/20/2018 4:08:36 AM PDT by School of Rational Thought
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To: nikos1121
-- So can someone explain to me why President Trump has a credibility problem ? --

Credibility, like beauty, is in the eye of the beholder. There is no explaining it, it just exists or not in the mind of the observer.

7 posted on 08/20/2018 4:14:27 AM PDT by Cboldt
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To: reaganaut1

Not what I’ve come to expect from the WSJ these days....


8 posted on 08/20/2018 4:48:28 AM PDT by trebb (So many "experts" with so little experience in what they preach....even here...)
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To: reaganaut1

When this all started, I remember reading that Trump did not make the same mistake Nixon did. Nixon relied on WH Counsel vice private counsel. Something to do with the fact that WH Counsel works for the Federal Government not the President so the Attorney Client Privilege is not exactly the same. Trump instead has engaged private counsel. Much stronger case of Attorney Client privilege. Better protection for Trump. Some how this makes it far more difficult for Special Counsel. I remember the article saying Trump made it far more difficult for the witch hunters to get any evidence of conspiracy. WH Counsel can state what he knows to be a fact but he cannot speculate and while he may have been asked about some federal rules, he is not part of the legal team. If my memory serves me right, I suspect the WH Counsel is a lot like Sgt Schultz.


9 posted on 08/20/2018 5:14:39 AM PDT by OldGoatCPO (No Caitiff Choir of Angles will sing for me)
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To: reaganaut1

“...Donald Trump has a credibility problem...This isn’t what you’d expect if Mr. Trump is leading a coverup.”

So which is it? The President is not leading a coverup yet has a credibility problem? This does not make sense; fake news, perhaps? Good bye professional journalism coming from the Wall Street Journal.

I quit reading after the “journalist” referred to President Trump as Mr. Trump.


10 posted on 08/20/2018 5:42:14 AM PDT by stonehouse01
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To: All

Yes, I am sick and tired of them taking medicine from patients that clearly need pain med when heroin is what they’re od’n on


11 posted on 08/20/2018 5:46:41 AM PDT by ssfromla
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To: reaganaut1
I would think that an attorney, if asked about Trump’s state of mind at any given time, could say “I am not a shrink, nor am I a mind reader. I’d be happy to relate what was said and how he said it, but I am not going to speculate on anyone’s state of mind.”

I’ve watched enough episodes Perry Mason to know that a trial attorney would object to any question that asks a non-expert witness to draw a conclusion.

12 posted on 08/20/2018 6:51:35 AM PDT by SoCal Pubbie
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To: nikos1121

President Trump has a credibility problem because he is not for open borders.


13 posted on 08/20/2018 8:21:19 AM PDT by Parley Baer
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To: reaganaut1

How many times does it have to be said that the CONSTITUTION gives President Trump the power to fire Comey for ANY REASON or NO REASON. The President is the chief executive of the executive branch of government.
UPHOLD the Constitution or just turn the country over to the Communists.


14 posted on 08/20/2018 8:53:02 AM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: nikos1121

They can’t they are still in shock from the elections and just rant crazy things even children laugh at them.


15 posted on 08/20/2018 10:16:40 AM PDT by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: reaganaut1

President Trump has not exerted Executive Privelege once yet. He has been completely cooperative. You would not know that from CNN.


16 posted on 08/20/2018 10:33:29 AM PDT by Freedom_Is_Not_Free (End the Mueller Gestapo now. Free the Donald.)
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To: stonehouse01

“Mr.” is a perfectly respectful title to use for a sitting president in the 3rd person. I personally always try to write President Trump, unless I am in a hurry or unless I am just stoked with the president and just call him Trump, as n, “Trump is driving the media crazy!” But “Mr.” is one of the approved respectful titles that people are encouraged to use when referring to the President.


17 posted on 08/20/2018 10:43:05 AM PDT by Freedom_Is_Not_Free (End the Mueller Gestapo now. Free the Donald.)
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To: nikos1121

Cause the press says so.


18 posted on 08/21/2018 10:06:46 PM PDT by Impy (I have no virtue to signal.)
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To: Freedom_Is_Not_Free

““Mr.” is a perfectly respectful title to use for a sitting president in the 3rd person.”

I kinda like Dr. Trump as I feel he deserves an honorary Doctorate in the science of how to trigger his enemies. :-)


19 posted on 04/19/2019 5:59:36 PM PDT by LeoTDB69
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