Aclion wrote:Tekania wrote:
I personally don't see that going anywhere. The best trump can do is posit that he violated a direct order. However orders have to be lawful. And an order to ignore a lawful congressional subpoena are unlawful and as such LTC Vindman would in accordance with his oath and Article 92 ignore such an unlawful order. Orders must be lawful.
As established Trump, like any other president has the right to invoke executive privilege.
Executive privilege is an argument for resisting a subpoena and is made before a court. It's not an absolute. It in fact has been nullified in past instances (such as in the case of President Clinton in the Lewinsky matter in calling aides in his administration to testify and the administration legally challenged the subpoenas). It doesn't form any obligation for LTC Vindman to ignore a lawful subpoena, though it may form an argument for attempting to fight the subpoena had the Trump administration sued to resist the subpoenas (and even then no grantee that said argument would win, as said the court would then decide whether it would apply and there are cases where they have in fact decided it didn't.) But as the Trump administration did not do legally challenge the subpoenas talking about executive privilege is moot in the case with LTC Vindman. Trump in fact did not in fact take any of the subpoenas before the court to assert executive privilege.