Lots of folks catching on Rosenstein is source of Comey pre-firing memo. Not answered tho: has 3 mo delay in turning it over been privilege?
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Most likely (IMO) claim of privilege would be Exec privilege on deliberative document. By what process was that privilege claim decided?
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And while emphasis has been on Rosenstein, Sessions also reviewed, if not had copy, of that. Did he & Rosenstein agree on any privilege?
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Replying to @emptywheel
If delay was about privilege, who made ultimate decision not to invoke it? And why? Seems like that is often decided in courts.
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Replying to @andrewlong166 @emptywheel
It had to have been a WH decision not to invoke (or withdraw the argument). Which is fascinating b/c both privs seem so strong here.
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That's the law, but that's not how Coats, Rogers, and Sessions have already used Exec privilege in this admin.
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