Yates warned her testimony could be barred
Former acting attorney general’s appearance abruptly canceled
The turmoil surrounding the House Intelligence Committee’s investigation into Russia’s interference with the 2016 election deepened Tuesday, with the disclosure that former acting attorney general Sally Yates was warned last week that her testimony could contain privileged communications involving the White House that might be barred, a official familiar with matter said.
Ultimately, Yates’ scheduled Tuesday appearance was canceled by House Intelligence Chairman Devin Nunes, R-Calif. But before that hearing was called off, the caution was delivered to Yates in a flurry of letters involving her attorney, the Justice Department and the White House Counsel’s Office. The hearing also was to include testimony from former director of National Intelligence James Clapper.
A letter from the Justice Department indicated that much of Yates’ possible testimony could be covered by presidential privilege, said a government official speaking on condition of anonymity because officials were not authorized to speak publicly. Yates’ attorney was then referred to White House counsel Donald McGahn. On the day that McGahn was notified of Yates’ intention to testify, Nunes canceled the hearing.
White House spokesman Sean Spicer acknowledged the sequence of events, but asserted that the White House took no action to block Yates’ testimony. In notifying McGahn of Yates’ plan to testify, the former acting attorney general’s attorney asked that the White House counsel offer any objection by Monday, the day before Yates’ scheduled appearance. The White House offered no response because the hearing was abruptly canceled.
“To suggest in any way shape or form that we stood in the way (of Yates’ testimony) is false,” Spicer said. “We have no problem with her testifying.”
Yates was abruptly fired in January after she directed Justice Department lawyers not to defend President Trump’s controversial travel ban.
It was later revealed that the acting attorney general, a holdover from the Obama administration, had gone to the White House to tell McGahn that preinaugural communications swept up by intelligence authorities between Russia Ambassador Sergey Kislyak and Michael Flynn, who would later become national security adviser, indicated Flynn had discussed sanctions imposed by the Obama administration.
The electronic intercepts contradicted Flynn’s later statements to Vice President Pence. Yates had feared that Flynn’s contradictory statements could have exposed him to possible blackmail attempts. The incident prompted Flynn’s dismissal last month.
“We are aware that former attorney general Yates intended to speak on these matters ...” said California Rep. Adam Schiff, the intelligence panel’s ranking Democrat. “Whether the White House’s desire to avoid a public claim of executive privilege to keep her from providing the full truth on what happened contributed to the decision to cancel today’s hearing, we do not know. But we would urge that the open hearing be rescheduled without further delay and that Ms. Yates be permitted to testify freely.”
The Washington Post first disclosed the letters raising concerns about Yates’ testimony.