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The Dershow

Bannon won't win at trial, but will he win on appeal?

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 20 July 2022

⏱️ 32 minutes

🧾️ Download transcript

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Transcript

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0:00.0

Welcome back to the Dirt Show. Today we're going to talk about Steve Bannon case. Let me

0:08.1

start by saying I can't imagine anyone in public life who I disagree with more and most

0:13.6

policy issues. Bannon is as right wing and conservative as almost possible and I met

0:21.5

with him. I met him. He seems like a perfectly decent guy, but my politics and his are completely

0:26.9

different, but I'm on his side in this criminal case. As I often find myself on the side of people

0:33.7

or causes that I don't agree with based on the constitutionality, let's understand what he's

0:39.9

being charged with and even more important where he's being charged with it. He's being charged

0:45.0

with refusing to comply with a congressional subpoena. He claims because the president's lawyers

0:52.6

told him he had to invoke executive privilege. There's a factual dispute about that. That will

0:58.4

have to be obviously resolved by the jury if the judge makes a proper instruction. The judges

1:04.8

seem to suggest that even if he was told that he should not submit to a subpoena by the president,

1:12.4

he would still have no right. The judge seems to be implying that the case is an open and

1:17.6

shut case as long as he understood that there was a subpoena and that he was being requested to

1:22.1

come. He's guilty. That's wrong if that's what the judge actually said. Just to use an example

1:29.1

from my life. I'm a lawyer. I represented the president technically. I was really representing

1:38.3

the constitution, but I had a lawyer client relationship with the president. Interestingly enough,

1:42.8

I never discussed the case with him. He never asked to see my legal argument. I think he had

1:47.9

confidence that it would make a strong constitutional argument. But I would theoretically,

1:51.9

let's assume that the president had told me all kinds of deep dark secrets in preparation for

1:58.0

my defense of him on the floor of the Senate. If I got a subpoena, I would refuse to comply with it.

2:05.9

I would probably do it more politely, but I'm a lawyer. But I would have written a letter to

2:11.8

Congress saying, sorry, you just can't subpoena me and ask me any questions that are covered by the

...

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