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WH may seek to prevent McGahn from complying with House subpoena

CNN – “…Apparently recognizing the potentially devastating impact of McGahn’s testimony, the White House reportedly may assert executive privilege in an effort to block it. But executive privilege — the notion that certain communications between the President and his advisers should remain confidential — seems inapplicable here. First, under the legal “crime-fraud exception,” testimonial privileges do not apply to conversations that occurred in the course of committing a crime — here, at least arguably, obstruction. Second, the White House likely has given up, or “waived,” the privilege by permitting McGahn to speak to Mueller about the communications and then by allowing McGahn’s testimony to not be redacted in the final report. Typically, once a privilege is waived, it cannot then be un-waived later…” [Note – nothing about these events is typical.]

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