If DT invoked executive privilege but Comey defied him and testified anyway,

[pnwmom]

then what?

Is there some sort of penalty DT could apply? He can't fire him. What could he do?

[FarPoint]

1. I think I heard the talking heads on cable news discuss this a few days ago...

Comey is a private citizen now and Congress is calling the shots...so, Donald is shit out of luck...That is how I understand it...I could be wrong.

[MineralMan]

2. There's not a lot Trump could do, actually.

As long as Comey doesn't reveal classified information in public, there are no laws to be broken.

[Rustyeye77]

3. He could get AG Sessions to charge him.

[pnwmom]

5. With what charge? And what possible penalty? n/t

[madinmaryland]

12. They would be trumped up charges for sure.

[shraby]

4. He can't hide crimes by invoking executive privilege as well as he already

talked about it on the t.v. machine himself and said he wanted to get rid of Comey because of the Russia-Trump thing.

[Sanity Claws]

6. My understanding is that

if DT is claiming executive privilege and wants to prevent someone else from testifying, then he better get a court order to do so.
Trump should file an Order to Show Cause or ask for TRO to prevent Comey from testifying. He would have to lay out what he believes is covered by executive privilege and the legal basis. I think Comey runs the risk of being held in contempt if he doesn't testify and there is no order determining the existence or extent of the privilege.

[pnwmom]

8. That makes sense. n/t

[geek tragedy]

7. he'd need to get a court to grant an injunction.

good luck with that

[PoliticAverse]

9. Then it's too late. Trump's only option is to attempt to get a court order blocking his testimony,

before he testifies. It's rather unlikely Trump can stop Comey from testifying.

[DDySiegs]

10. The View of Professor Tribe

Larry Tribe recently opined that Trump had waived any claim of executive privilege. This is on account of the fact that that Trump has commented (undoubtedly falsely) during a televised interview on the very conversations between him and Comey that are of the greatest significance to the questons of obstruction of justice and abuse of power.

[pnwmom]

11. Thanks -- I'm always interested in what Tribe has to say.

And welcome to DU!

[FarPoint]

13. I too perk up my ears

If Professor Tribe is speaking.