‘Constitutional crisis’ over Mueller report

Controversies over the Mueller report and the Trump administration continue in the US.

The vote was 24-16 in favour of holding Barr in contempt.

Reuters Explainer: Can Trump use executive privilege to withhold full Mueller report?

The White House on Wednesday invoked executive privilege to block the release of Special Counsel Robert Mueller’s unredacted Russia report as a U.S. House panel met to vote on holding the U.S. attorney general in contempt of Congress for withholding the document.

The White House’s move escalated a constitutional clash between the Democratic-controlled House of Representatives and Republican President Donald Trump over its powers to investigate him, his administration, his family and his business interests.

Trump is stonewalling Congress on multiple probes, blasting the investigations as “presidential harassment.” In an unusual move, he is even suing to stop the release of some materials that lawmakers want.

There are so few court decisions on executive privilege that it is hard to be certain if Trump can withhold the unredacted report and underlying evidence, said Ross Garber, a lawyer in Washington who focuses on political investigations.

But to prevail in court the White House will eventually need to be more specific about which documents are protected by executive privilege and why, Garber said.

In a letter to Trump on Wednesday, Attorney General William Barr encouraged the president to make a “preliminary, protective assertion of executive privilege designed to ensure your ability to make a final assertion, if necessary, over some or all of the subpoenaed materials.”

Some legal experts have argued that Trump long ago forfeited, or waived, his right to make an executive privilege claim over conversations described by witnesses in Mueller’s investigation and related documents.

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