The Mueller Report, Congressional Subpoenas, and Executive Privilege

Volume 1 of the Mueller Report presents a plethora of activities by Russian quasi-governmental entities that were intended to tip the 2016 Presidential election in Donald Trump's direction.  While the Report acknowledges it found no basis to charge anyone associated with the Trump campaign with criminal conspiracy, it also isn't shy about pointing out every questionable act or decision by Trump associates.

Volume 2 of the Report deals with obstruction of justice.  Like its sibling, it makes no criminal charges, but also does not rule them out.  Further, it notes more than once that:

• Donald Trump refused any in-person interviews with Mueller staff
• the great majority of written answers provided by the Trump legal team say simply I don't remember
• the Trump team did provide several thousand pages of documentation

 Such actions might seem to support Mr. Trump's claim today that he has acted in a truly transparent manner during this investigation.  But his reasoning holds water no better than a leaky sieve.

Trump claims executive privilege as the basis for legal challenges to Congressional subpoenas to current or former members of his Administration.  No can do, Donald.  Since you publicly and repeatedly gave your approval to folks like Don McGahn being interviewed by the Mueller team, those interviews, and the circumstances to which they pertained, are already public record, and therefore not subject to claims of executive privilege.  Nice try, but several months too late.

The only remaining question is how Democrats in the House of Representatives will confront and deal with the looming legal battle over subpoenas and executive privilege.  Whether criminal or civil, that battle will almost certainly allow Donald Trump to use it as a topic at a 2020 campaign rally, perhaps whipping up his audience with a rousing Lock 'em up!