What's Up With the January 6 Investigation?

The Lawfare Podcast

The Lawfare Institute

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4.7 • 6.4K Ratings

🗓️ 15 October 2021

⏱️ 49 minutes

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Summary

The January 6 investigating committee in the House is busily issuing subpoenas, collecting documents and negotiating with witnesses for depositions. It is also being defied by certain witnesses, and the former president is threatening to try to stop the National Archives from turning over material related to his activities and communications during and leading up to the January 6 insurrection.

To chew over the entire spectrum of issues the committee is facing, Benjamin Wittes sat down with Brookings congressional guru and Lawfare senior editor Molly Reynolds, and Quinta Jurecic, also a senior editor at Lawfare and a Brookings fellow focusing on post-Trump accountability issues. They are the authors together of a recent piece on Lawfare on the hurdles the January 6 investigation may face. They talked about executive privilege claims involving witnesses; about executive privilege claims involving documents; about who controls the privilege, the current president or the past president; and about whether this is all just a complex scheme to run out the clock.

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Transcript

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0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair.
0:14.7	That's patreon.com slash LawFair.
0:18.2	Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath.
0:33.9	The purpose of the criminal contempt statute is to like create a punishment for non-cooperation
0:40.2	with Congress and that even the ideal world, the existence of that punishment would deter
0:45.6	someone from not cooperating with Congress.
0:49.4	I'm Benjamin Widis and this is the LawFair podcast October 15th, 2021.
0:57.6	The January 6th investigating committee in the House is busily issuing subpoenas collecting
1:05.3	documents and negotiating with witnesses for depositions.
1:10.7	It is also being defied by certain witnesses and the former president is threatening to try
1:17.0	to stop the National Archive from turning over material related to his activities and
1:23.5	communications during and leading up to the January 6th insurrection.
1:30.0	To chew over the entire spectrum of issues, the committee is facing, we gathered in the
1:37.7	virtual jungle studio Brookings congressional guru Molly Reynolds, a senior editor at
1:44.6	LawFair and Quinta Jurassic, also a senior editor at LawFair and a Brookings fellow focusing
1:52.7	on post-Trump accountability issues.
1:56.3	They are the authors together of a recent peace on LawFair on the hurdles the January 6th
2:03.2	investigation may face.
2:05.6	We talked about executive privilege claims involving witnesses.
2:09.5	We talked about executive privilege claims involving documents.
	...

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