On the recordJanuary 29, 2020
Thank you, sir. Mr. Chief Justice, I send a question to the desk to be asked of the House manager. The CHIEF JUSTICE. Senator Booker's question is for the House manager: Even if a communication or a document is covered by executive privilege, that privilege can be overcome by showing the evidence is important and unavailable elsewhere. On January 22, while this trial was underway, President Trump said, ``I thought our team did a very good job. But honestly, we have all the material. They don't have the material.'' Can you comment on whether executive privilege allows a President to conceal information from Congress, particularly if the evidence cannot be obtained elsewhere? Mr. Manager JEFFRIES. Thank you, Mr. Chief Justice, and I thank the distinguished Senator from New Jersey for his question. President Trump alone has the power to assert executive privilege. As counsel admitted on Saturday, the President had not formally invoked it over any document requested in this impeachment inquiry. This has not been asserted as it relates to any single document. Executive privilege gives President Trump a qualified form of confidentiality when he does get advice from his aides in order to carry out the duties of his office. As I know you are all aware, it is often the case in congressional investigations that a President will claim executive privilege over a very small subset of materials.…





