All the Presidents' Lawyers
All the Presidents' Lawyers
KCRW
Low-hanging fruit
30 minutes Posted Nov 3, 2021 at 1:16 pm.
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We now know which documents former President Trump is seeking to block from the January 6 select committee: the White House daily diary, which would show his movements and meetings; phone records and records of his senior staff, and a few other documents, including a draft of a speech for the “Save America” rally, a handwritten note, and more. Trump is asserting executive privilege, which is a kind of made-up doctrine but everyone still agrees that former presidents still have some executive privilege anyways. What we do know based on precedent is that the public’s interest in having information will be weighed against the former president’s interest in keeping things secret, but does analysis of whether the former president was up to no good factor in to that? 

We now have the January 6 committee putting some requests for documents on hold, and it sounds like they may be doing that after discussions with the Biden White House. What is the strategy behind this? And if there is a big dispute over executive privilege, is that likely to end up in front of the Supreme Court eventually?

Plus: did you know there’s a Trump SPAC? Rudy claims three documents out of more than 2,000 seized in the FBI raid on his home and office may be privileged, and the January 6 judges continue speaking their minds.