According to Ronald Rotunda, who was an investigator during Watergate, turning over tapes is as much about politics as it is about the law.
“If there are tapes, it is probably not very difficult for the Justice Department to get them,” Rotunda, a Chapman University law professor, told CNN. “But whether the Senate or House can get tapes is really more politics than law. There have been disputes over the years — many, many years — between the president and the Congress on turning over material long before there were tapes.”
Should the White House fight a subpoena, Trump’s tweets could end up hurting him.
“By talking about the content of those conversations publicly by tweeting, the President has already disclosed in substance what happened,” Lisa Kern Griffin, a professor at Duke University School of Law, told CNN. “And in doing that, he may have waived important aspects of executive privilege.”