Marjorie Taylor Greene lawyer claims Trump ‘executive privilege’ to block question on martial law discussions after election

The attorney defending Georgia Representative Marjorie Taylor Greene against a lawsuit seeking to disqualify her from appearing on the 2022 midterm ballot for supporting the 6 January insurrection attempted to block her from answering a question about whether she discussed the invocation of martial law with former president Donald Trump by invoking “executive privilege”.

Ms Greene, a first-term Republican, was undergoing questioning by Andrew Cell, an attorney representing a group of Georgia voters who say she should be prohibited from serving in Congress by a clause in the 14th Amendment to the US Constitution which says anyone who has “engaged in insurrection” after swearing an oath to defend the constitution cannot be a senator or representative, when she was asked if she ever discussed her “advocacy for the idea that there should be martial law declared in the United States” during meetings with Mr Trump.

The Georgia congresswoman is known to have had at least one meeting with Mr Trump in the days between his loss to Joe Biden and 6 January 2021, when a mob of the disgraced ex-president’s supporters stormed the Capitol in hopes of blocking Congress from certifying Mr Biden’s victory.

In a video taken in late December 2020, Ms Greene claimed to have had a “great planning session” at the White House in preparation for the 6 January joint session of Congress.

At the time, multiple advisers to Mr Trump, including disgraced ex-national security adviser Michael Flynn, “Kraken” attorney Sidney Powell, and MyPillow CEO Mike Lindell, were known to have suggested to Mr Trump that he invoke martial law to order seizure of swing state election equipment and ballots.

But Ms Greene replied that she “[did] not recall” discussing anything along those lines with Mr Trump.

Mr Celli asked her if she was saying no such discussion happened or if she didn’t remember, at which she replied again: “I don't recall ever discussing that”.

After he asked her if she ever discussed “the idea that there should be martial law declared in the United States prior to the inauguration of President Biden,” attorney James Bopp Jr interjected.

“Your Honor, I’m going to have to object to this,” he said, adding that he also represents Mr Trump and the answer to Mr Fein’s question would be “covered by executive privilege,” a doctrine which protects conversations between and among a president and his advisers.

Mr Celli replied that Mr Bopp could not claim executive privilege because he is not part of the executive branch, and moreover, he was in court representing Ms Greene, not Mr Trump.

After the objection was overruled, he continued asking Ms Greene if she ever advocated for martial law, but she repeatedly replied that she did not recall doing so.

This article has been updated to reflect the name of the attorney who questioned Ms Greene