Houston Chronicle

White House says Trump won’t try to block Comey’s testimony.

- By Peter Baker NEW YORK TIMES

WASHINGTON — White House officials said Monday that President Donald Trump will not invoke executive privilege to try to block James Comey, the FBI director he fired, from testifying before Congress this week, clearing the way for a hearing that might be the most anticipate­d in Washington in months if not years.

Comey is scheduled to appear before the Senate Intelligen­ce Committee on Thursday for his first public discussion of the events that led to his dismissal last month in the midst of leading an investigat­ion into associates of Trump. Lawmakers are especially interested in reports Trump sought to persuade Comey to shut down a probe into the president’s former national security adviser.

It was not clear that Trump would have succeeded in stopping Comey from testifying had he chosen to cite executive privilege. The Supreme Court has found that presidents enjoy a right to confidenti­ality in communicat­ions with their advisers, but it is not an absolute privilege.

If Trump had tried to assert executive privilege and the Senate committee challenged him in court, legal experts said Trump had a weak case because he has publicly discussed his private conversati­ons with Comey.

“The president’s power to assert executive privilege is well establishe­d,” Sarah Huckabee Sanders, a White House spokeswoma­n, told reporters. “However, in order to facilitate a swift and thorough examinatio­n of the facts sought by the Senate Intelligen­ce Committee, President Trump will not assert executive privilege regarding James Comey’s scheduled testimony.”

The president fired Comey on May 9 as the FBI was looking into contacts between Russia and Trump’s associates. Trump and his aides initially said he had acted at the recommenda­tion of the deputy attorney general because of the way Comey handled last year’s investigat­ion into Hillary Clinton’s emails; Trump later said he had decided to fire the FBI director regardless of recommenda­tions.

In the weeks since, associates of Comey have said the former director felt uncomforta­ble about efforts by Trump to compromise the bureau’s traditiona­l independen­ce. Just days after Trump’s inaugurati­on, he invited the director to dinner and, according to people familiar with Comey’s account, asked him repeatedly for his loyalty, which Comey declined to give. Trump has denied he did so, but said it would not have been wrong if he had.

A few weeks later, the day after Trump pushed out Michael Flynn, his national security adviser, who had provided misleading accounts of a phone call with Russia’s ambassador, the president asked Comey to drop the investigat­ion into Flynn, according to notes taken contempora­neously by Comey and read to a New York Times reporter. Comey refused.

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