Quiet (with Tab Staff)

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Levin: I understand that you have been retained by Ms. Cooper is a senior specialist in Russia-related issues for the Pentagon. A career official, she was one of many who tried to get the Trump administration to release a large package of American military aid to Ukraine, which Congress had appropriated to help the country resist Russian aggression. That aid package is at the heart of the Ukraine affair. This is part of a recurring separation of powers dispute.

The House has said that because the Constitution permits it to set its own rules and gives it broad oversight and impeachment powers, it can lawfully exclude an executive branch lawyer who might otherwise instruct witnesses not to answer questions about matters that might be subject to executive privilege. It violates settled practice and may jeopardize future accommodation.

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May 23, [Tab B]. Steven A. That theory provides a legal shield for officials who have been subpoenaed but do not want to testify because it means that the Justice Department will not prosecute them for criminal contempt of Congress. Congressional lawyers contest this interpretation of the law. But even if it is accurate, it would not, by itself, stop an official from voluntarily choosing to comply.


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