DOJ Cites Privilege In Seeking To Block Sally Yates Testimony

March 29, 2017

Earlier this month the Justice Department told former acting Attorney General Sally Yates that much of her possible testimony before Congress should be barred, as it is covered by presidential privilege, according to the Washington Post. The Trump administration forcefully denied that it tried to block the testimony. “I hope she testifies. I look forward to it,” said White House press secretary Sean Spicer. Yates was set to testify this week before the House Intelligence Committee, until Chairman Devin Nunes (R-Calif.) abruptly cancelled the hearing last week. Yates was deputy attorney general in the final years of the Obama administration, and served as acting AG early in the Trump administration, until she was fired for instructing DOJ attorneys not to defend Trump’s executive order on immigration. Yates was set to testify along with former intelligence officials. “The Department of Justice has advised that it believes there are further constraints on the testimony Ms. Yates may provide at the hearing,” Yates’ attorney David O’Neil wrote, describing the government’s position. “Generally, we understand that the department takes the position that all information Ms. Yates received or actions she took in her capacity as Deputy Attorney General and acting Attorney General are client confidences that she may not disclose absent written consent of the department.” When Yates’ lawyer sent a letter to the White House last week saying she still wanted to testify, the committee cancelled the hearing.

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