CNN: Spicer's Notes Could Help Mueller in Investigation

Sean Spicer's notes during his time as press secretary could reportedly provide Russia probe special counsel Robert Mueller's team with information on what transpired early in President Donald Trump's tenure.

According to CNN, Spicer took copious notes in the White House during his eight months in the West Wing.

CNN reported White House officials declined to comment on Spicer's note-taking — or if Mueller had asked for them. It's also unclear if Spicer could be compelled to hand them over, CNN reported.

"If the memos are Spicer's own documents in Spicer's possession, then I think it's a close call whether they're protected by privilege," said Steve Vladeck, legal analyst and a professor of law at the University of Texas, told CNN. "And all of this assumes Spicer wants to invoke privilege."

Jeffrey Toobin, CNN's senior legal analyst, told the outlet any claim of privilege on Spicer's notes would require a judge to weigh "whether the information is central to the functioning of the executive branch" against "the competing need for it from law enforcement or Congress."

"The primary check on the president is political rather than legal, in the sense that presidents don't want to be seen as covering up," Toobin told CNN. "They want to appear to be cooperative and that they have nothing to hide. But if they decide to fight, I think the outcome is not clear at all."

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