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Douglas L. Gansler Quoted in Law360 Article, “Mueller Probe Reopens Unsettled Questions of Privilege”


Douglas F. Gansler

Douglas L. Gansler was quoted on September 11, 2017 in a Law360 article, “Mueller Probe Reopens Unsettled Questions of Privilege,” which discussed White House counsel, Donald McHahn, who will be interviewed in regard to the ongoing Russia investigation. The article stated, “Special counsel Robert Mueller has indicated plans to interview current and former White House aides, likely including White House counsel McGahn, The Washington Post reported Friday. But as McGahn braces for Mueller’s potential questioning, there are lingering doubts about the extent to which attorney-client privilege applies to communications between public officials and their government lawyers, and about the scope of executive privilege that presidents mired in scandal have historically invoked to shield their discussions with aides, white collar attorneys say.

Gansler added, “The question of executive privilege, when it can be invoked, for what and by whom, [these] are all very much issues up in the air. And there’s another layer of privilege to be concerned with when you’re dealing with a White House lawyer and the president. Not that it can’t be overcome, but it assuredly would be invoked.”

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