May 21, 2019: "Is This the Beginning of the End?"

 

5/21/19: Tuesday is a busy day for lawyers, as former White House Chief Counsel Don McGahn, bowing to presidential orders, refuses to appear for testimony before the House Judiciary Committee. Normally, communications between a president and aides are privileged. 

That is, they are not subject to review. 

McGahn has already talked at length with investigators, and his comments, outlined in the Mueller Report, hint strongly at obstruction of justice by the president. His previous testimony, when the White House waived privilege, may make it hard in court to claim privilege now. 

In any case, aides have often appeared before Congress and claimed “executive privilege” in declining to answer specific questions. 

It is unlikely that an aide can just blow off an appearance entirely. The courts will now have to decide.

 

Meanwhile, fresh subpoenas go out for Hope Hicks, one of Trump’s favorite aides, and a young woman who may very well have aided in obstruction of justice. Since her alleged involvement in obstruction predates Trump’s election, her testimony will almost surely be required. 

Also served a subpoena: Annie Donaldson, former White House Deputy Counsel and top associate of Mr. McGahn. She took daily notes of discussions involving the president, herself, and McGahn. 

Donaldson’s notes are often cryptic, as we learn if we read the Mueller Report. But when Trump rages about firing F.B.I. Director James Comey – because of the Russia investigation – she writes, “Is this the beginning of the end?”

Hope Hicks looking at a subpoena.

 

The evidence for obstruction of justice by the President of the United States continues to build. (See: 5/17/19.)