Santa Fe New Mexican

White House opposes Yates testifying

Administra­tion considers any discussion­s on Russia as being covered by attorney-client privilege

- By Devlin Barrett and Adam Entous

WASHINGTON — The Trump administra­tion sought to block former acting attorney general Sally Yates from testifying in the House investigat­ion of possible links between Russian officials and Donald Trump’s campaign, according to letters provided to The Washington Post. The effort to keep Yates from testifying has further angered Democrats, who have accused Republican­s of trying to damage the inquiry.

According to the letters, the Justice Department notified Yates earlier this month that the administra­tion considers her possible testimony — including on the firing of former national security adviser Michael Flynn for his contacts with the Russian ambassador — to be off-limits in a congressio­nal hearing because the topics are covered by attorney-client privilege or the presidenti­al communicat­ion privilege.

The issue of Yates’ testimony adds to the political controvers­y surroundin­g the House Intelligen­ce Committee’s investigat­ion of Russian meddling in last year’s election and any possible coordinati­on between Trump associates and Moscow.

David O’Neil, an attorney for Yates, met at the Justice Department to discuss the issue with government officials Thursday. At the meeting, O’Neil presented a letter in which he said the Justice Department had “advised” him that Yates’ official communicat­ions on issues of interest to the House panel are “client confidence­s” that cannot be disclosed without written consent. O’Neil challenged that interpreta­tion as “overbroad” in the letter.

The following day, in a letter to O’Neil, the Justice Department responded with another objection: that Yates’s communicat­ions with the White House are probably covered by “presidenti­al communicat­ions privilege,” and referred him to the White House.

A Justice Department spokeswoma­n declined to comment.

O’Neil then wrote to White House Counsel Donald McGahn, saying that he believed any privilege had been waived as a result of past White House statements and that Yates planned to testify unless he heard back from McGahn.

But that same day, the hearing, which also would have included former CIA director John Brennan and former director of national intelligen­ce James Clapper, was canceled by the House Intelligen­ce Committee’s chairman, Rep. Devin Nunes, R-Calif., and any White House decision on Yates’ testimony became moot.

In his Tuesday briefing, press secretary Sean Spicer said that the White House did not weigh in on whether Yates could testify. “To suggest in any way, shape or form that we stood in the way of that is 100 percent false,” he said.

Nunes has said he canceled the hearing to first hear from FBI Director James Comey in a classified setting. That session was also canceled.

Democrats charge that Nunes has aligned himself too closely with the White House to conduct an independen­t probe.

“You see the unraveling of this committee happening overnight for no good reason,” said Rep. Jackie Speier, D-Calif., a committee member. “We have a responsibi­lity to do this investigat­ion.”

O’Neil’s meeting at the Justice Department and the exchange of letters came to light as the House GOP leadership continued to stand by Nunes. House Speaker Paul Ryan, R-Wis., rejected demands that Nunes recuse himself.

Nunes said Tuesday that he had no plans to step aside.

Yates was the deputy attorney general in the final years of the Obama administra­tion and served as the acting attorney general in the first days of the Trump administra­tion.

Trump fired Yates in January after she ordered Justice Department lawyers not to defend his first immigratio­n order temporaril­y banning entry to the United States for citizens of seven Muslim-majority countries and refugees from around the world.

As acting attorney general, Yates played a key part in the investigat­ion surroundin­g Flynn, who was ousted after revelation­s that he had discussed sanctions with the Russian ambassador to the United States.

Yates and Brennan had made clear to government officials by Thursday that their testimony to the committee would probably contradict some statements that White House officials had made, according to a person familiar with the matter who spoke on the condition of anonymity.

 ?? EVELYN HOCKSTEIN/WASHINGTON POST FILE PHOTO ?? The Justice Department notified Sally Yates earlier this month that the administra­tion considers her possible testimony to be off-limits in a congressio­nal hearing.
EVELYN HOCKSTEIN/WASHINGTON POST FILE PHOTO The Justice Department notified Sally Yates earlier this month that the administra­tion considers her possible testimony to be off-limits in a congressio­nal hearing.

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