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herding cats

(19,564 posts)
Tue Mar 28, 2017, 12:05 PM Mar 2017

CBS obtained a copy of the letter sent to Yates attorney by the WH.

CBS News? @CBSNews
JUST IN: A 3/24 letter from DOJ to Sally Yates states she must get authorization from WH to testify about convos w/ WH, CBS News can confirm



https://mobile.twitter.com/CBSNews/status/846751317355872257


They seriously do not want her to speak to congress. The question now is will she be able to or not?
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CBS obtained a copy of the letter sent to Yates attorney by the WH. (Original Post) herding cats Mar 2017 OP
Does anyone know if that is true? femmocrat Mar 2017 #1
Could Be Just An Idle Threat..... global1 Mar 2017 #3
The DOJ is punting to the White House gratuitous Mar 2017 #7
That was my take. herding cats Mar 2017 #18
yeah, weasel words. mopinko Mar 2017 #12
"deliberative process privilege"? is that a statute? yodermon Mar 2017 #2
Executive privilege Sanity Claws Mar 2017 #14
Your conversations with your attorney are confidential jberryhill Mar 2017 #15
Legal ? Is this what Trump's lawyer is saying? Botany Mar 2017 #19
what criminal complaint? jberryhill Mar 2017 #20
Sorry criminal investigation .... not complaint Botany Mar 2017 #22
The first two questions require inquiry jberryhill Mar 2017 #44
Thank you Botany Mar 2017 #46
Deliberative process privilege is the common-law principle elleng Mar 2017 #17
The following is from google, from wikipedia: "Deliberative process privilege is the common-law Akamai Mar 2017 #30
Sally Yates spoke to Obama directly FakeNoose Mar 2017 #4
Hearsay? femmocrat Mar 2017 #6
Possibly FakeNoose Mar 2017 #13
DoJ just handed off the matter to the White House. They have 24 new attorneys who can look at it. L. Coyote Mar 2017 #5
Trump is scared of Sally Yates Gothmog Mar 2017 #8
You bet! FakeNoose Mar 2017 #11
Were the communications before or after Trump was sworn in? KittyWampus Mar 2017 #9
After . . . ATL Ebony Mar 2017 #36
Geez. For a supposedly "nothing to see here, folks" situation Warren DeMontague Mar 2017 #10
I get the Executive Privilege claim Pantagruel Mar 2017 #16
Yates' attorney rejected the WH assertion of "likely" privilege pinboy3niner Mar 2017 #21
You nailed it. herding cats Mar 2017 #23
Right. Looks like they had Nunes take that action for them, Volaris Mar 2017 #33
Nunes and Ryan for refusing to have him removed from the HPSCI herding cats Mar 2017 #34
This message was self-deleted by its author ymetca Mar 2017 #25
No longer an issue . . . ATL Ebony Mar 2017 #37
Senate will hear Yates Pantagruel Mar 2017 #38
Actually seems they just ignored the request. jmg257 Mar 2017 #43
Welcome to DU, Pantagruel! calimary Mar 2017 #35
And the coverup gets thicker, deeper and wider Augiedog Mar 2017 #24
She's a smart attorney, and I'm sure Thekaspervote Mar 2017 #26
maybe she can't testify about what she told the WH, but can't she testify about what she knows Fast Walker 52 Mar 2017 #27
None of her potential testimony is restricted; the WH never asserted privilege. pinboy3niner Mar 2017 #29
I think Spicer just lied about this mainstreetonce Mar 2017 #28
I hope Ms. Yates is committing EVERYTHING to print and video. Paladin Mar 2017 #31
Just like Nixon tried to claim Presidential Privilege about the WH tapes. Didn't work then & not now Bernardo de La Paz Mar 2017 #32
So the DOJ said to check with the WH, and the WH didn't offer an objection? jmg257 Mar 2017 #39
When she said she still wanted to testify Nunes canceled the hearing. herding cats Mar 2017 #41
Ah - maybe a question she would want to skip because she might have contradicted WH statements. jmg257 Mar 2017 #42
Fishier and fishier. calimary Mar 2017 #40
ProPublica builds list of officials sent into Federal agencies as "beachhead teams." mahatmakanejeeves Mar 2017 #45
That last paragraph sort of contradicts what Sean Spicer said today. kentuck Mar 2017 #47
Na - Its just what he said...DOJ said check with WH, WH didn't object. jmg257 Mar 2017 #49
Go Sally Yates! trump scared Cha Mar 2017 #48
Kick ck4829 Mar 2017 #50

global1

(25,241 posts)
3. Could Be Just An Idle Threat.....
Tue Mar 28, 2017, 12:12 PM
Mar 2017

the best defense is a good offense. This might be the WH & Trump's attempt at an offense here.

What are the consequences to Yates - if she just goes public and tells all she knows. It would be the patriotic thing to do - in light of the damage Russian interference is doing to our democracy.

gratuitous

(82,849 posts)
7. The DOJ is punting to the White House
Tue Mar 28, 2017, 12:17 PM
Mar 2017

Even though Yates and another DOJ official met with someone from the Office of the Counsel to the President, DOJ is claiming that while it doesn't have any opinion on whether Yates can disclose what was discussed in the meeting, the Office of the Counsel might assert a privilege, and DOJ helpfully provided one or two grounds that the White House might assert (just in case nobody in the Office of the Counsel knew how to stop Yates' testimony to the House committee).

yodermon

(6,143 posts)
2. "deliberative process privilege"? is that a statute?
Tue Mar 28, 2017, 12:11 PM
Mar 2017

If the information is not classified, how does "deliberative process privilege" conflict with Yates' First Amendment rights?

Sanity Claws

(21,846 posts)
14. Executive privilege
Tue Mar 28, 2017, 12:23 PM
Mar 2017

Also keep in mind that Yates was acting in her capacity as an attorney. Attorneys cannot divulge confidential communications. That trumps her First Amendment rights.

 

jberryhill

(62,444 posts)
15. Your conversations with your attorney are confidential
Tue Mar 28, 2017, 12:25 PM
Mar 2017

There are a variety of types of "privileges" that render conversations to be immune from discovery or testimony. The most well known one is the "attorney client privilege".

If you consult with me on a legal matter, then if I am asked to testify about our discussion, it is not up to me whether I can provide that testimony. It is up to you. My first amendment rights don't enter into it.

Botany

(70,496 posts)
19. Legal ? Is this what Trump's lawyer is saying?
Tue Mar 28, 2017, 12:32 PM
Mar 2017

So a former U.S. Attorney General is not allowed to testify about a crime
unless the subject of the criminal complaint gives the OK to allow the
testimony?

 

jberryhill

(62,444 posts)
20. what criminal complaint?
Tue Mar 28, 2017, 12:36 PM
Mar 2017

I'm not sure I understand your question.

Whether Yates can testify on the subject matter of her consultation with the White House is up to the White House at this point. It really depends on the exact subject matter in question.

Botany

(70,496 posts)
22. Sorry criminal investigation .... not complaint
Tue Mar 28, 2017, 12:41 PM
Mar 2017

But does that letter have any weight? Can the Trump White House keep
Yates from giving testimony? And what about information she learned
when Obama was President?

 

jberryhill

(62,444 posts)
44. The first two questions require inquiry
Tue Mar 28, 2017, 04:54 PM
Mar 2017

When a privilege is raised, the facts around the assertion merit scrutiny. I'm not familiar with the precise capacity in which she was acting in relation to what the committee wants to know.

As for the previous president, I do not know, but if I had to guess my inclination is to believe that the privilege belongs to the office, not the person.

elleng

(130,865 posts)
17. Deliberative process privilege is the common-law principle
Tue Mar 28, 2017, 12:26 PM
Mar 2017

that the internal processes of the executive branch of a government are immune from normal disclosure or discovery in civil litigations, Freedom of Information Act requests, etc.
Deliberative process privilege - Wikipedia

 

Akamai

(1,779 posts)
30. The following is from google, from wikipedia: "Deliberative process privilege is the common-law
Tue Mar 28, 2017, 02:05 PM
Mar 2017

principle that the internal processes of the executive branch of a government are immune from normal disclosure or discovery in civil litigations, Freedom of Information Act requests, etc."

I sure as hell hope this does not stop Ms. Yates from testifying. If it does, it clearly shows that Trump and his minions have something to hide.

FakeNoose

(32,634 posts)
4. Sally Yates spoke to Obama directly
Tue Mar 28, 2017, 12:14 PM
Mar 2017

...why can't Obama testify as to what he was told by Yates?

Obama also has presidential communications privilege, am I right?

Just sayin'


FakeNoose

(32,634 posts)
13. Possibly
Tue Mar 28, 2017, 12:22 PM
Mar 2017

But the rules are different for congressional hearings.
This isn't a trial - yet.

I think people can give opinions and impressions without actual proof.


 

Pantagruel

(2,580 posts)
16. I get the Executive Privilege claim
Tue Mar 28, 2017, 12:25 PM
Mar 2017

but can Ms. Yates testify to things she learned or communicated about Trump's underlings when Trump was simply PEOTUS.

Can she testify as to her knowledge during the time BO was POTUS and HE owned the privilege?

pinboy3niner

(53,339 posts)
21. Yates' attorney rejected the WH assertion of "likely" privilege
Tue Mar 28, 2017, 12:39 PM
Mar 2017

He informed WH Counsel that Yates intended to testify as scheduled today--And then Nunes abruptly canceled the hearing.

Now media reports indicate WH is claiming the WaPo report on this is false. I expect Shouty Spice will say at today's press conf. that the WH never blocked Yates from testifying...just invited her to consult with them so they could make a determination on privilege.

herding cats

(19,564 posts)
23. You nailed it.
Tue Mar 28, 2017, 01:19 PM
Mar 2017

CBS News? @CBSNews
NEW: WH "took no action that prevented [Sally] Yates from testifying" in Russia investigation, @PressSec says (link: http://cbsn.ws/1UJwwDb) cbsn.ws/1UJwwDb

https://mobile.twitter.com/CBSNews/status/846772575283941377

Volaris

(10,270 posts)
33. Right. Looks like they had Nunes take that action for them,
Tue Mar 28, 2017, 02:39 PM
Mar 2017

Somebody should ask that traitorous little obstructionist how the president's cock tasted.

Response to pinboy3niner (Reply #21)

ATL Ebony

(1,097 posts)
37. No longer an issue . . .
Tue Mar 28, 2017, 03:16 PM
Mar 2017

Yates will testify for the Senate commission (eff the House and it's attempt to cover up)

 

Pantagruel

(2,580 posts)
38. Senate will hear Yates
Tue Mar 28, 2017, 03:41 PM
Mar 2017

Assume no privilege but it's unclear, my guess is some Senator will try to assert it at specific times ?

Sally Yates to testify before Senate panel even if she doesnt appear before House committee


"Source: The Raw Story

Sally Yates to testify before Senate panel — even if she doesn’t appear before House committee

TRAVIS GETTYS
28 MAR 2017 AT 13:40 ET

Sally Yates, the former acting attorney general, will testify before the Senate Intelligence Committee about Russian interference in the election.

The Obama appointee was blocked from testifying before the House Intelligence Committee after its chairman, Rep. Devin Nunes (R-CA), canceled this week’s hearings, where Yates had been scheduled to appear.

Sen. Mark Warner (D-VA), the committee’s vice chairman, told CNN that Yates would testify before a Senate panel even if she did not appear before the House committee."

calimary

(81,220 posts)
35. Welcome to DU, Pantagruel!
Tue Mar 28, 2017, 03:00 PM
Mar 2017

Good questions you bring up. One of the many problems we all face in this madness is - we've never been down this path before. We've never seen shit like this before. We've never seen machinations and sneaky-ass shit like this before. As bad as Watergate and Iran/Contra were, there was NOTHING like what we have now - with this Russian undercurrent running through everything involving OUR White House and this so-called White House occupant.

Unfortunately, we've also never had this kind of partisan divide, where the bad guys really ARE bad guys, putting party and power over country and bipartisan responsibility. We've never had adversaries THIS desperate to take OUR White House back so they can jam their agenda-from-Hell down America's throats. Back during Watergate, we had reasonable, honorable, patriotic, and willingly-accountable Republicans, with a capital "R", like Howard Baker and Lowell Weicker, who really did have the greater good as a priority. Those Republicans are LONG-GONE. Now all we have are mercenaries, apostates, idiots, and a raging cancer of adult-sized three-year-old "No-one-is-the-boss-of-me/I-hate-the-government" types who only want to tear down and destroy because they think that's how they'll get their way. And abysmal, willfully-ignorant collectives that call themselves the "Freedom Caucus" - when it would be more accurate to call them the ANARCHY Caucus.

Thekaspervote

(32,757 posts)
26. She's a smart attorney, and I'm sure
Tue Mar 28, 2017, 01:41 PM
Mar 2017

She has her own legal team advising her. Likely and possibly don't sound like cease and desist. Someone posted earlier that Nixon tried the same thing

 

Fast Walker 52

(7,723 posts)
27. maybe she can't testify about what she told the WH, but can't she testify about what she knows
Tue Mar 28, 2017, 01:45 PM
Mar 2017

in general about Flynn??? Her testimony would still be useful, no?

pinboy3niner

(53,339 posts)
29. None of her potential testimony is restricted; the WH never asserted privilege.
Tue Mar 28, 2017, 01:52 PM
Mar 2017

Of course, they didn't have to go through with their threat because Nunes was canceling the hearing.

Paladin

(28,252 posts)
31. I hope Ms. Yates is committing EVERYTHING to print and video.
Tue Mar 28, 2017, 02:10 PM
Mar 2017

And I hope she has more-than-adequate personal protection.

jmg257

(11,996 posts)
39. So the DOJ said to check with the WH, and the WH didn't offer an objection?
Tue Mar 28, 2017, 03:49 PM
Mar 2017

So the issue is Nunes canceling the hearing?

herding cats

(19,564 posts)
41. When she said she still wanted to testify Nunes canceled the hearing.
Tue Mar 28, 2017, 04:13 PM
Mar 2017
Yates and another witness at the planned hearing, former CIA director John Brennan, had made clear to government officials by Thursday that their testimony to the committee probably would contradict some statements that White House officials had made, according to a person familiar with the matter who spoke on the condition of anonymity. Ken Wainstein, a lawyer for Brennan, declined to comment.

On Friday, when Yates’s lawyer sent a letter to the White House indicating that she still wanted to testify, the hearing was canceled.

https://www.washingtonpost.com/world/national-security/trump-administration-sought-to-block-sally-yates-from-testifying-to-congress-on-russia/2017/03/28/82b73e18-13b4-11e7-9e4f-09aa75d3ec57_story.html?utm_term=.5a78ae35cd43

jmg257

(11,996 posts)
42. Ah - maybe a question she would want to skip because she might have contradicted WH statements.
Tue Mar 28, 2017, 04:25 PM
Mar 2017

Doesn't make much sense she would change her mind to testify, but anyway.

So Nunes canceled.

calimary

(81,220 posts)
40. Fishier and fishier.
Tue Mar 28, 2017, 04:11 PM
Mar 2017

If they're so innocent, why are they twisting themselves into Cirque du Soleil contortions to blockade everything?

If everything's on the up-n-up, why are they trying so massively hard to hide it all?

Hey, if you're innocent, isn't your first instinct to want to shout it from the rooftops? And tell everyone who'll listen - and even those who won't - that you're innocent? Wouldn't you be rarin' to go with evidence and proof and exculpatory information - that you'd want EVERYONE to see, read, hear about, and receive - for closer examination? The behavior exhibited here loudly telegraphs something to hide. Ie: GUILT.

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