Sorry, I forget in right wing world Session can choose which questions he answers when it deals with privilege Session invoked with Cheeto
So you have no example, meaning you're a liar.
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Sessions: I can’t discuss conversations with the president. 9 legal experts: Yes, you can.
The 9 experts who rejected Sessions's "executive privilege" argument
Asha Rangappa, Associate Dean, Yale Law School
I believe Heinrich is 100% right in this case. First, executive privilege, if it even applies in this case, can only be invoked by the president, as it attaches to his office. Sessions cannot “preemptively” invoke it on the president’s behalf. Second, I’m not sure what DOJ policy has to do with this.
DOJ policy is an internal executive branch regulation. It doesn’t provide a legal shield against testifying in Congress when it is conducting an investigation as part of its oversight function.
...Samuel Gross, law professor, University of Michigan
...One last point. Sessions spoke in detail about the reasons he had for recommending Comey's removal — all of which related to Comey's conduct before the election — and he said that he told the president what he thought on that issue. But when Sen. [Angus] King asked him if the president discussed the Russia investigation with him in the context of the discussion of firing Comey, Sessions said he couldn't discuss those communications with the president because they were confidential and the president might want to claim a privilege.
When privileges apply they attach to both sides of a discussion — what Sessions said to Trump as well as what Trump said to Sessions. If you talk about one part of a potentially privileged conversation — the words you yourself spoke — you've waived any privilege you might be entitled to raise for to the entire communication, including what the other person said.
Short version: In a normal court proceeding, by the time Sessions refused to discuss what Trump may have said about the Russia investigation he had already waived any privilege he could raise about any part of that discussion.
Sessions: I can’t discuss conversations with the president. 9 legal experts: Yes, you can.
This was your claim snowflake, back it up.
BTW, THE QUESTIONS INCLUDED AT THE TIME HE WAS SENATOR, NOT AG
Or you can just admit it was a lie.
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AGAIN CUPCAKE
Samuel Gross, law professor, University of Michigan
...One last point. Sessions spoke in detail about the reasons he had for recommending Comey's removal — all of which related to Comey's conduct before the election — and he said that he told the president what he thought on that issue. But when Sen. [Angus] King asked him if the president discussed the Russia investigation with him in the context of the discussion of firing Comey, Sessions said he couldn't discuss those communications with the president because they were confidential and the president might want to claim a privilege.
When privileges apply they attach to both sides of a discussion — what Sessions said to Trump as well as what Trump said to Sessions. If you talk about one part of a potentially privileged conversation — the words you yourself spoke — you've waived any privilege you might be entitled to raise for to the entire communication, including what the other person said.
Short version: In a normal court proceeding, by the time Sessions refused to discuss what Trump may have said about the Russia investigation he had already waived any privilege he could raise about any part of that discussion.
Diane Marie Amann, law professor, University of Georgia
Taking the hearing as a whole, the attorney general seemed unclear on whether there existed a written policy not to answer questions in these circumstances. When Sen. [Kamala] Harris asked him if the policy were in writing, he said, “I think so.”
That said, I would expect that executive branch officials take care not to reveal, in public settings, conversations they wish to keep confidential. In the Nixon case in 1974, the Supreme Court acknowledged that presidents may have a generalized interest in maintaining such confidentiality. But it is not absolute.
If Senators were to seek to compel an answer — rather than asking for a voluntary answer, as was the case today — that would put the matter squarely in the executive’s court. If the president then refused to permit the question to be answered, via invocation of executive privilege, a court would have to determine whether the conversation implicated a privilege.
If so, the court then would decide whether the interests underlying that privilege outweigh, or not, Congress’s interest in obtaining the answer. This is the procedure that the court established as a constitutional matter, and it would prevail over any policy statement.
Keith Whittington, politics professor, Princeton University
I am not familiar with any DOJ policy that would prevent Sessions from discussing those conversations in this context, and such policies would have little weight in Congress regardless. I do think the administration has a reasonable basis for asserting privilege regarding the deliberations between the president and his closest advisers, and then it would be a question for Congress to answer as to whether it is willing to respect that assertion of privilege or would want to try to sanction the administration and coerce compliance. The oddity here is just the fact that Sessions tried to leave the issue unsettled when it was clear the senators were expecting him to be more forthcoming in light of Comey's testimony and Sessions's willingness to testify at all.
I think Sessions's stance on this is best read as a threat of asserting executive privilege, or to use a less bellicose image, a trial balloon. He left himself an opening to come back and answer the questions later, in person or in writing, but he tested the waters to see how hard the Senate is willing to push on this. If they push, then the administration could decide to up the ante and assert privilege, and then see how the Senate responds. If the Senate does not push, then the administration can simply let it go for now. Rather than forcing the White House and the Senate into an immediate impasse, Sessions tried to leave room for future negotiations and compromise.
Sessions: I can’t discuss conversations with the president. 9 legal experts: Yes, you can.