Following the Mueller investigation is like watching a modern-day version of Columbo tracking down a cagy criminal who has a plethora of tricks up his sleeves. Mueller and his team of super-sleuths are methodically building a case that could send Donald Trump to Nixonville, the political graveyard where shame and banishment rule.
But anyone who underestimates the power of the president should take another look at history, according to Rudy Giuliani, Trump’s main legal attack dog. Rudy told the press the president is above the law.
Giuliani wants Mueller to show his cards. He wants Mueller to finish his report and turn it over to the attorney general. If Mueller finds Trump co-operated with the Russians, and he obstructed justice by firing FBI Director James Comey, Rudy has a plan. The plan is to use the executive privilege card.
Rudy believes anything Trump’s aides say to Mueller during his investigation that wind up in the hands of Congress would violate Trump’s executive privilege. Trump’s former lawyer, Ty Cobb brought that defense up early in the investigation.
Executive privilege is Trump’s ace in the hole. It’s the reason Trump feels confident calling the Mueller investigation a “witch hunt.” Congress would violate executive privilege if they impeach Trump. So in order to get to the bottom of the real meaning of executive privilege a legal battle will be the next Trump reality show. That legal battle could captivate the world for months. Any kind of legal battle will give Trump enough time to sow more MAGA seeds in order to win the 2020 election, according to a Washington Post article.
Mr. Trump knows his acting Attorney General Matt Whitaker, and his pick to replace Jeff Sessions permanently, Bill Barr have his back. The president knows Whitaker can decide not to send Mueller’s report to Congress because it violates executive privilege, according to a Daily Beast article. Rudy Giuliani thinks the president has the power to use the executive privilege card, and that means only the executive branch can read Mueller’s report.
Trump and Giuliani are ready for a court battle. Trump knows part of the Justice Department’s duty is to protect executive privilege. Trump may be nervous, but he’s not scared to fight in court.
But the executive privilege card isn’t a Star Wars-type protection system even though Trump and Giuliani think it is. Congress or a grand jury can waive that privilege. Congress can get the Mueller report through a subpoena. Several legal experts think that may happen when Mueller gives his complete report to Matt Whitaker.