The White House tried to limit what Fiona Hill, who until August served as President Donald Trump's top Russia analyst, could say to Congress in its impeachment inquiry, correspondence between her lawyers and a White House deputy counsel shows.
The letters, obtained by NBC News, illustrate that while the White House did not try to block Hill from testifying, it did tell Hill’s lawyers about four areas that could potentially fall under executive privilege.
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Hill’s lawyers wrote back to the White House on Sunday, presenting their argument for why executive privilege did not apply, based in part on the fact that some of the information has already come into the public sphere and thus is no longer confidential, the correspondence shows.
Hill’s lawyers also made a legal argument that executive privilege disappears when there’s reason to believe there was government misconduct. Hill’s lawyers asked the White House to weigh in further, according to the correspondence.
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The White House did not tell Hill not to testify, but reminded her in the emailed letter Monday morning that "it is incumbent on Dr. Hill and you, as her counsel, to guard against unauthorized disclosure.
To be clear, Dr. Hill is not authorized to reveal or release any classified information or any information subject to executive privilege."
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