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The Supreme Court again declined to step in.Īt the time, the rulings were celebrated by Republicans, including some who are now close political allies of Trump. Circuit ruled that any privilege must yield to a criminal investigation. The White House asked the Supreme Court to take up the issue, but it declined.Īnother battle took place the next year, when Starr tried to force the testimony of longtime Bill Clinton aide and lawyer Bruce Lindsey before a grand jury exploring Clinton’s affair with Monica Lewinsky. Louis-based 8th Circuit Court of Appeals rejected the White House bid to withhold notes Sherburne and others took relating to Starr’s questioning of then-first lady Hillary Clinton about the suicide of White House lawyer Vincent Foster and about the discovery of long-missing Rose Law Firm billing records in the White House residence. “They may have concluded their case is strongest if these communications are contained or managed by the president’s personal lawyer and not by the White House,” Sherburne said.

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Jane Sherburne, a veteran of legal fights from Clinton’s White House, said it appears that Trump’s team is upping its chances of successfully arguing that Mueller can’t touch White House conversations about how to handle the Russia investigations, as long as Kasowitz is involved. However, communications directly with Marc Kasowitz, Trump’s personal attorney who’s been tapped to lead the group of lawyers representing the administration in the Mueller probe and related congressional investigations, would be easier to shield.