Silence from the Trump administration hedging on executive privilege should not preclude investigators from receiving the answers they seek, says Rep. Adam Schiff, D-Calif., who on Tuesday floated the possibility of going to court.
“Privilege cannot be used as a shield to protect or hide potential impropriety or illegality. So we may have to go to court to pierce that privilege,” Schiff told PBS.
Schiff to PBS: “Privilege cannot be used as a shield to protect or hide potential impropriety or illegality. So we may have to go to court.” pic.twitter.com/7TaG02kikR— Kyle Griffin (@kylegriffin1) June 13, 2017
On Tuesday afternoon Attorney General Jeff Sessions apeared before the Senate Intelligence Committee, where Sen. Ron Wyden, D-Ore., accused Sessions of “stonewalling” because of his refusal to answer questions about his conversations with Trump in relation to the firing of FBI Director James Comey. Sessions defended himself, citing “long-standing” Justice Department policy about not discussing certain topics and leaving it open to President Trump to use executive privilege.
A number of Democrats took issue with how Sessions being so tight-lipped, and one senator, Kamala Harris of California, even made Sessions “nervous” during a contentious exchange. Another senator, Martin Heinrich from New Mexico, condemned Sessions for “impeding” their investigation into Russian meddling.
Asked if he thought Sessions was in contempt of Congress in a separate interview on CNN, Schiff again asserted that lawmakers will “take whatever steps are necessary to compel,” including legal action.
“I think the process would be negotiation with the White House,” Schiff said. “We’re going to demand answers to this. We’re going to subpoena him to come back, if necessary, and if he doesn’t answer, and we’re not satisfied with the claim of privilege, then we’ll take whatever steps are necessary to compel. That may ultimately result in litigation.”
Schiff, who is ranking member on the House Intelligence Committee, which is conducting its own Russia probe, said former FBI Director Robert Mueller, who is leading the federal investigation into Russia, needs these answers just as lawmakers want them. Schiff said his committee will meet with Mueller in the next week or two.

