Bannon won't win at trial, but will he win on appeal?
The Dershow
Alan Dershowitz | Kast Media
4.4 • 1.9K Ratings
🗓️ 20 July 2022
⏱️ 32 minutes
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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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