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The Constitutional Tug-of-War Is Just Getting Started

Slate News

Slate Podcasts

News, News Commentary, Politics

4.56K Ratings

🗓️ 8 May 2019

⏱️ 18 minutes

🧾️ Download transcript

Summary

The House Judiciary Committee is set to vote on holding Attorney General William Barr in contempt of Congress, for failing to provide a full and unredacted copy of the Mueller report. It’s the latest in a series of clashes between the legislative and executive branches—clashes that don’t show any signs of letting up. Was our 230-year-old Constitution designed for this highly partisan, highly confrontational moment?

Guest: Noah Feldman, Harvard Law School professor and host of Deep Background, available on Luminary.


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Transcript

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0:00.0

Okay, so Congress, they have a lot of reasons to be mad at Bill Barr right now.

0:10.1

That they do.

0:11.8

Noah Feldman is a constitutional scholar at Harvard.

0:15.5

He's been studying Congress like a chessboard, piling up the lists of grievances the Democrats have against Attorney

0:22.4

General William Barr.

0:24.2

There's the distortion in his report to Congress.

0:27.6

There's the potential stonewalling or even misstatements in his testimony.

0:32.8

There's a refusal to hand over the entirety of the Mueller report.

0:36.2

It's that last move. Barr's refusal to hand over the unredacted Mueller report.

0:42.1

Even after a subpoena, that's left the House Judiciary Committee looking to put William Barr in check.

0:48.1

It's why they've scheduled a vote to hold him in contempt of Congress this morning.

0:53.9

What do you think is going to happen when all these Congress people walk into the room?

0:58.2

Well, the first thing to remember is that we're talking about a committee vote on contempt.

1:02.5

This is a first step. This is a recommendation, or it would be if passed, a recommendation by the committee to tell Congress, we think all of you should hold him in contempt.

1:14.0

The last time I talked to Noah about the Attorney General, Bill Barr was still interviewing for his job.

1:20.1

And some Democrats were cautiously optimistic about him. Noah was, too.

1:24.9

So you're making the case that this is really just a first step, and it's unclear

1:28.3

where this all lands. So does this vote matter? Oh, it matters because Congress still is in its

1:36.6

mode of oversight of the executive. And when they ask to see documents, if the executive says no,

1:43.2

the first significant step that Congress has to take

1:46.2

in order to get those documents, the first move towards a constitutional confrontation between the

1:50.7

two branches of government is a contempt vote. And the first part of a contempt vote is for the

...

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