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The Lawfare Podcast

Mark Rozell on 'Presidential Power, Secrecy and Accountability'

The Lawfare Podcast

The Lawfare Institute

Law, Terrorism, History, Politics, News, National Security, Foreign Policy, Intelligence, Diplomacy, International Law, International Relations, Constitutional Law, Rule Of Law, Current Events, Government, Military

4.76.4K Ratings

🗓️ 7 August 2019

⏱️ 37 minutes

🧾️ Download transcript

Summary

Over the years, presidents have used different language to describe the withholding of information from Congress. To discuss the concept of "executive privilege," Margaret Taylor sat down with Mark Rozell, the Dean of the Schar School of Policy and Government at George Mason University, and the author of "Executive Privilege: Presidential Power, Secrecy and Accountability," which chronicles the history of the executive privilege in its many forms since the founding of the United States. They talked about what executive privilege is, what is new in the Trump administration's handling of congressional demands for information, and what it all means for the separation of powers in our constitutional democracy.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:29.0

We're not in a good situation right now.

0:35.0

Everybody knows that between the president and the congress,

0:39.0

there's a lack of comedy and cooperation and an escalation of conflict between the branches.

0:45.0

A taking of absolute stands and refusal to back away from them and to compromise.

0:51.0

An executive privilege very much falls within this entire framework of political polarization

0:57.0

and the branches simply not working well together in the current era.

1:03.0

And the Trump administration is no exception, although I will argue it is not unique.

1:09.0

We can go back, for example, to the former George W. Bush administration,

1:13.0

find many cases where the presidential administration took the tack of escalating the conflict

1:19.0

rather than engaging in negotiations over access to information.

1:23.0

And we're willing to let the matter go before the courts and drag it out over long periods of time.

1:29.0

I'm Jacob Schultz and this is the LawFair podcast.

1:33.0

August 6, 2019. Margaret Taylor sat down with Mark Rezel,

1:39.0

the dean of the Char School of Policy and Government at George Mason University,

1:43.0

and the author of Executive Privilege, Presidential Power, Secrecy, and Accountability.

1:49.0

His book chronicles the history of the constitutional doctrine of executive privilege

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