In a letter to White House Counsel Don McGahn, the Democrats said that "any such assertion of privilege is nearly certainly baseless, particularly given that Mr. Comey is no longer employed by the Trump administration".
The idea of executive privilege isn't in the Constitution, so it can get pretty fuzzy, but presidents have claimed it's implied - that they should be able to have completely confidential conversations with aides without those aides being scared of testifying later. In the 1970s, the Executive Branch sought a preliminary injunction against AT&T's response to a Senate subpoena on national security/executive privilege grounds.
"We'll be watching with the rest of the world when director Comey testifies", she said.
"The date for the hearing was just set", Mr. Spicer said. I don't think it's a flawless analogy. If you tune in on Thursday, it's more likely you'll just get stories of Trump brazenly trying to tell the Federal Bureau of Investigation director what to do, not realizing he isn't supposed to do that.
Senators will nearly certainly ask Comey whether Trump asked him to drop an FBI investigation into former White House national security adviser Michael Flynn's contacts with Russian government officials.
Legal experts are skeptical the President could successfully invoke the privilege to muzzle Comey because Trump has already written a letter about their conversations, talked about them publicly and even tweeted about them. It cautioned that a final decision hadn't been made by the president. Dating back to 1974 in US v. Nixon, the US Supreme Court recognized the "President and those who assist him must be free to explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately".
Can Trump legally claim executive privilege over Comey? Privilege also can't be used to to block a crime such as obstruction of justice.
One official said Trump had nothing to hide, The Times reported. It's also part of the story he's planning to tell lawmakers next week when - barring a last-minute schedule change - he testifies publicly for the first time about his axing, and about alleged collusion between Trump associates and elements of the Russian government to influence last year's presidential election.
It turned out that the numbers were far smaller, that they were forwarded through backup technology, and that only two emails were classified. Franken said he just wanted answers. In another conversation during a one-on-one dinner at the White House, Mr. Trump asked Mr. Comey to pledge his loyalty, and Mr. Comey declined to do so, according to Mr. Comey's associates.
The FBI director serves a 10-year term.
A source with knowledge of Comey's thinking told CNN Chief Political Analyst Gloria Borger the former director was "disturbed" by his interactions with the President but "thought he had the situation under control".
Like Trump, Conway brought up Comey's handling of the Clinton email scandal as a reason for his firing.
'He concluded that it really hurt the morale and the integrity of the department.
"James Comey better hope that there are no "tapes" of our conversations before he starts leaking to the press!"
Comey has indicated that he wants to testify.