The powers of Congress vs Trump’s executive privilege
To the Point
KCRW
4.4 • 583 Ratings
🗓️ 16 May 2019
⏱️ 49 minutes
🧾️ Download transcript
Summary
Congress is investigating misconduct alleged by the Mueller report. White House lawyers are rejecting every subpoena. The struggle is basic to divided government: the Executive versus the Legislature, while the Judiciary stands by. It’s a great lesson for Civics 101. Is it also a “constitutional crisis?”
Transcript
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| 0:00.0 | We've talked for a long time about approaching a constitutional crisis. |
| 0:05.0 | We are now in it. |
| 0:07.0 | Every single day the president is making a case. |
| 0:11.0 | He's becoming self-impeachable. |
| 0:13.0 | But we're fighting all the subpoenas. |
| 0:15.0 | Look, these aren't like impartial people. |
| 0:17.0 | On this central question, the special counsel's finding is clear. Case closed. Case closed. |
| 0:25.3 | The next presidential election is not until next year. Meantime, the Trump White House and Congress |
| 0:30.8 | are battling over the law and invoking the Constitution, each trying to establish a political |
| 0:36.5 | playing field that provides an advantage. |
| 0:39.6 | Committees of Congress have issued subpoenas to various witnesses, but the President has |
| 0:43.7 | ordered all his aides and former aides not to comply. Is he above the law? What are the limits |
| 0:50.4 | of congressional oversight? Is this a constitutional crisis? Will the Supreme Court |
| 0:56.0 | try to resolve it? Or let the other two branches of government duke it out on their own? Let's start |
| 1:01.3 | with a phrase that's obscure to most Americans, but which could be decisive. The Unitary Executive. |
| 1:09.1 | Josh Blackman is professor of constitutional law at South Texas College of Law in Houston. |
| 1:13.6 | He's an adjunct scholar at the Libertarian Cato Institute as well. |
| 1:17.8 | Good to have you back on our program. |
| 1:19.5 | Thank you so much for having me back. |
| 1:21.5 | What is the Unitary Executive and why should we care? |
| 1:26.8 | In our system of government, we have three branches. We have the courts, we have the Congress, |
| 1:31.9 | and we have the executive. Our constitution is somewhat unique in that the powers of the |
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