Trump’s Executive Privilege Push Is Collapsing

Donald Trump is the subject of multiple investigations regarding conduct that took place while he was in office. He’s leaned on executive privilege to protect himself, but such claims haven’t been as powerful as the former president was probably hoping.

Several allies have tried to use it to get out of honoring subpoenas from the Jan. 6 committee, but the committee reminded Americans on Thursday that it’s still been able to gather plenty of incriminating testimony. Meanwhile, Steve Bannon, perhaps the most notable former adviser to buck the committee, was convicted of contempt of Congress this summer.

Trump has also used executive privilege to stymie the Justice Department’s investigation into the classified documents he hoarded at Mar-a-Lago. He successfully convinced a Florida judge he appointed to name a “special master” to review the material for potential privilege claims, but the 11th District Court ruled that the DOJ should still be allowed to review some of the documents. Trump appealed to the Supreme Court, which on Thursday declined to take up the case.

He’s also tried to use executive privilege to prevent a federal grand jury from hearing testimony regarding an investigation into his alleged role in the events of Jan. 6. The Washington Post reported on Friday, however, that a judge overruled Trump’s objections, and that Marc Short, a former aide to former Vice President Mike Pence, could sit for questioning. He did so on Thursday.

Chief U.S. District Judge Beryl A. Howell’s ruling signals that “attempts by Trump to invoke executive privilege to preserve the confidentiality of presidential decision-making were not likely to prevail,” according to the Post.

Short reportedly already testified before the grand jury in July, but didn’t answer some questions after his lawyer, Emmet Flood, argued they were protected. The Post reports that the DOJ asked Howell to force him to cooperate. She did, but Trump appealed, delaying Short’s testimony until Howell said enough was enough this week.

The Post notes the ruling could impact other witnesses, as well, including former White House Counsel Pat Cipollone and his deputy, Pat Philbin, who appeared before the grand jury last month but may still have questions to answer. Regardless, the walls are continuing to close in around the former president as he desperately tries to fend off multiple investigations into a smorgasbord of potentially illegal activity. The only thing that could truly protect him is returning to the White House, a fact Rolling Stone has reported Trump is well aware of as he mulls whether to declare his candidacy.