Nadler argues executive privilege can't be used to block parts of Mueller report

Source: The Hill | March 24, 2019 | Brett Samuels

House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) said Sunday that he does not believe President Trump can use executive privilege to shield certain aspects of Robert Mueller’s findings after the special counsel concluded his investigation into Russian interference in the 2016 election.

“The president must personally assert executive privilege, and I do not believe it exists here at all because as we learned from the Nixon tapes case executive privilege cannot be used to hide wrongdoing,” Nadler said on NBC’s “Meet the Press.”

“The president may try to assert it, may try to hide things behind it, but I don’t think that’s right or [would] be successful,” Nadler added.

The congressman cited a 1974 Supreme Court ruling in which justices unanimously held that executive privilege could not be used to override the judicial process based on general confidentiality. 

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Nadler insisted on Sunday that the full report and its underlying evidence be made available, arguing that a failure to do so would prevent Congress from conducting its oversight duties.

“Congress must get all the information and the evidence that the Department of Justice may have in order to exercise our function of being able to hold the president accountable,” he said on NBC. “If we don’t do that, if we can’t do that the president is effectively above the law.”

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