Thursday, 23 Jan 2020 09:20 PM MYT
The Republican-controlled Senate has not yet decided whether to allow any witnesses or new evidence in the trial that will determine whether the Republican president is removed from office after being impeached on December 18 by the Democratic-led House of Representatives on two charges. Trump has indicated he may seek to use executive privilege to prevent Bolton from testifying. Under this doctrine, a president is able to keep certain communications private, particularly those implicating national security, if disclosing them would undermine executive branch functions.
Legal experts said the Senate’s right to evidence is particularly strong when it is considering whether to remove a president as opposed to conducting routine executive branch oversight. Asked about invoking executive privilege if Bolton were to be subpoenaed, Trump told Laura Ingraham of Fox News on Jan 10: “I think you have to — for the sake of the office.”
Andrew Kent, a constitutional law professor at Fordham University in New York, said there is a strong argument that executive privilege does not apply to impeachment whatsoever.
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