Biden Won't Assert Privilege Over Trump Docs Sought by Jan 6 Committee

Laura Coates Live

CNN

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4.2 • 2.5K Ratings

🗓️ 9 October 2021

⏱️ 48 minutes

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Summary

First, Chris discusses the latest subpoenas issued by the Jan 6 Committee with Ben Ginsberg. Then, Chris goes one-on-one with Alan McEwen, an outdoorsman who frequents Florida's Carlton reserve, where the hunt for Brian Laundrie continues. Chris wraps up the show with Ron Brownstein on the delayed debt ceiling battle.

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Transcript

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0:00.0	Appreciate it, John. I am Chris Cuomo and welcome to prime time. It is time to get after it. It's
0:05.0	time to put on your lawyer hat. The idea of Trump exercising executive privilege to avoid any
0:11.4	scrutiny by the January 6th commission is being reported as if it is a legitimate option.
0:18.9	It should not be. And here is why the facts. Trump sent a letter to the National Archives today
0:26.5	asking to withhold about 40 documents the committee wants citing executive privilege.
0:32.7	Now, does that exist? Yes, a sitting president has that privilege. The key is sitting. Trump is
0:42.2	obviously out of office. Does that matter? Yes, why? Two arguments. Legally, there is zero
0:51.6	precedent for a former president getting such protection from their own issuance,
1:01.0	from their own issuance, meaning they say as a former president, I want to exercise this privilege.
1:08.8	Now, there's a distinction to be made. I'll get to it in a second, but no precedent
1:12.9	of the law recognizing a former president being able to do this. The closest thing to a case on point
1:19.2	is what happened in the Supreme Court against Nixon. And that case rejects the idea.
1:25.2	Why? The privilege belongs to the presidency, which is an office. It does not attach to the person
1:34.8	in the office ad infinitum, meaning forever. Second, we know this not just as a matter of law,
1:42.0	but as a matter of practice. Because to the distinction I mentioned earlier, former presidents
1:48.0	have asked sitting presidents to exercise the privilege on their behalf to protect particular
1:57.7	communications or documents. That means, in no small irony, it is up to President Biden to choose
2:06.3	whether to protect Trump's January 6 communications. And Biden said, no way, you deserve a full
2:15.4	understanding of what led to an attack on the Capitol on January 6th. President Biden and the
2:21.2	White House said it matters too much to censor. But for Trump, so it's not about the law,
2:27.3	it's not about proper practice, it is about delay. Delay by a man who's been working the legal
2:33.9	system for half a century. The latest move, his lawyer warned four of his ex-AIDS not to comply with
	...

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