CONGRESS, CONSTITUTIONAL LAW, LAWYERING, MEDIA, POLITICS October 8, 2019
Trump Tweet Undermines Privilege Claims For Barring Testimony

Today, President Trump tweeted on the decision to bar EU Ambassador Gordon Sondland from testifying since it would be in front of a “a totally compromised kangaroo court.” The problem is that any fight would be on the basis for executive privilege, not the disagreement with the Committee agenda or fairness. Executive privilege is based on protecting confidential communications and diplomatic relations. Trump seems to be saying is that he simply does not trust the Committee, which is not a ground for refusal if a subpoena is now issued.

Trump also says that he would “love” to have the testimony occur if it were not for his dislike or distrust for the Committee. Again, that undermines later possible privilege arguments.

{snip}

Trump has previously undermined litigation arguments in areas like immigration. However, this could be a costly misstep as Congress heads toward court fights over privilege.