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The NPR Politics Podcast

The Docket: What Is Executive Privilege And What Are Its Limits?

The NPR Politics Podcast

NPR

Politics, Daily News, News

4.524.9K Ratings

🗓️ 26 November 2021

⏱️ 18 minutes

🧾️ Download transcript

Summary

In order to resist a congressional investigation into the January 6th insurrection, former President Trump and his associates are claiming executive privilege. They say the communication between a president and his advisers should remain confidential. Congress says it wants to get to the bottom of what the president knew. So where does executive privilege come from, and does it take precedent over congress' power to investigate?

This episode: White House correspondent Asma Khalid and national justice correspondent Carrie Johnson.

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Transcript

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0:00.0

Hey there, it's the NPR Politics Podcast.

0:05.4

I'm a sma-chal with I cover the White House.

0:07.6

And I'm Carrie Johnson, National Justice correspondent.

0:10.7

And this is the docket, our ongoing series where we break down the big legal questions

0:15.6

of the day.

0:16.6

Kanye West once wrapped, no one man should have all that power.

0:21.3

And sure, Kanye's political past is strange to say the least, but some legal scholars might

0:29.4

agree with him when it comes to executive privilege.

0:33.4

Executive privilege is the very question of how much power the president has to resist

0:37.7

oversight and keep his confidential communications private.

0:41.3

And this is timely because Carrie right now former president Donald Trump is arguing that

0:46.6

even though he's not in office, his communications with his advisors should remain confidential.

0:52.4

That's right.

0:53.4

The January 6 congressional committee wants access to some of these communications Trump

0:58.6

was having leading up to the attack on the Capitol.

1:01.7

And Trump has done two major things so far.

1:04.7

He sued the National Archives to prevent the release of his papers to Congress.

1:09.3

And he's directed his AIDS, his former AIDS, not to provide documents or sit for depositions

1:14.6

from the January 6 committee.

1:17.1

And we're going to talk about how the legal battle for Trump may play out.

1:21.8

But to understand it, we have to go back to 1974.

1:26.1

The Supreme Court case that laid the foundation for today, the Constitution does not expressly

...

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