ABC's Dan Abrams: “It's no longer a confidential communication when the president tweets about it”

Abrams: Trump has a “really weak legal argument” to invoke executive privIlege before Comey testifies

From the June 4 edition of ABC's This Week:

Video file

GEORGE STEPHANOPOULOS (HOST): The White House seems to be bowing to reality, according to Jon [Karl]'s reporting right there. Any claim of executive privilege here, very weak. 

DAN ABRAMS: Very weak. Remember, the purpose of executive privilege is to protect confidential communications between the president and, typically, his cabinet. He's got three problems here on this argument. Number one, the U.S. Supreme Court in the Nixon case made it clear that you can't use executive privilege to try to cover up alleged misconduct. There would be an argument here that was the reason for it. Number two is the argument of waiver, meaning it's no longer a confidential communication when the president tweets about it, talks about it in interviews, and as a result, you can't invoke that privilege anymore. Number three is that former FBI director James Comey is no longer an employee. If he were still working for the government, President Trump could instruct him not to testify. He could say, “I'm not allowing you to testify.” He doesn't have that authority or power over James Comey anymore. As a result of those three reasons, it would be a really weak legal argument to try to invoke executive privilege.

Previously:

Legal experts: Trump's tweets could compromise his ability to invoke executive privilege

Trump Lied About Why He Fired Comey, And Right-Wing Media Helped Him Sell It

Law School Dean: Trump's Comey Actions “Are Evidence Of Obstruction Of Justice”