IANAL, but if Comey loses his suit, can he just go into the closed hearing and remain silent throughout? Or would that trigger some type of contempt of Congress ruling?
I am also not a lawyer but if he chooses not to reply they will typically ask him what his legal, emphasis on legal, grounds are for refusing to answer the question.
āHungar countered that just because the interview would take place behind closed doors, Comey would not be prohibited from speaking about his testimony or releasing a transcript of the interview.ā
bookmarking
āHe said that the House was not looking to hold a private deposition due to concerns about national security or law enforcement information, but because the deposition process is more efficientā
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Refusing to answer (without claiming any privilege against having to testify ā such as attorney-client privilege) would open him up to contempt of Congress charges.
Figured it would be something like that.
Personally, Iād love the optics of Mr. Comey being shuttled off to jail each night for refusing to answer questions until the Demās re-take control.
I do recognize that Mr. Comey might not share that perspectiveā¦
He could site the 5th Amendment, but I seriously doubt he wants that on his Wiki page.
It seems to me that we have ample evidence of Rthuglican in the House selectively leaking and commenting upon closed-door testimony to score political points aimed to denigrate the witness and/or others. Devin Nunes is an excellent case-in-point.
Judge Trevor McFadden most certainly should find for Mr. Comey
Not a lawyer either, but you have a right to keep silent (SCOTUS and 5th amendment?), and every lawyer I have heard (even in a police auto stop) says to keep yer damn mouth shut.
His Wiki page is a web cite, right?
IANAL, but Iād be amazed if the judge rules for Comey. Separation of powers, etc.
Is Comey prohibited from bringing a recording device? Since thereās no national security issues with the testimony, and heās apparently allowed to speak openly about his own testimony, could he just record it himself and release the recording?
Comey remembers he has international travel plans for the holidays, terribly sorry, but will see you in January no harm done!
The House Republicans have less than five more weeks to play these games. They wonāt be missed when theyāre gone.
Judge McFadden was put on the bench by ā ŠÆāmp ā¦
Normally, depositions are public, and that would have been what I stressed, there is no ārightā to have it done in private by the questioner, that right (at least in litigation) only rests with the party being deposed to ask.
Trueā¦but thatās exactly what Dan Coats and Admiral Rogers did upon questioning by Senator Angus King, I believe. They didnāt cite executive privilege or any other reason, just that they didnāt want to answer the question. And the question was, I believe, if Trump had asked them to interfere with or talk to Comey.
If thereās no reason except āefficiencyā for a closed door deposition, couldnāt he bring along a member of the media - or even have someone on his legal team videotape it?
This is all so ridiculous, especially because whatever āgotchaā answer they think they can get from Comey will be overwhelmed by Muellerās investigation. In case House Republicans hadnāt noticed, Mueller is on the march.
It could, but.
The same committee The House Intelligence committee, for example, did absolutely nothing when various others refused to answer questions.
To date, those various others have suffered no consequences.
You can guess why.