4min chapter

The Lawfare Podcast cover image

Everything You Wanted to Know About Executive Privilege But Were Afraid to Ask

The Lawfare Podcast

CHAPTER

I Think We Lose Something When Congress Does Not Use Its Inherent Contempt Power

The justice department may or may not bring the case. If it brings the case, bannon then presents the argument for privilege in the language of a defence on which,. you know, the relevant standard is proof beyond a reasonable doubt. Seems to me if you litigated the question in the context of inherent contempt a, it would be much faster. You would hold bannon in contempt. I think they give up a lot in contempt. Even the criminal contempt provision its misdemeanour - maximum is a year in prison. So that they don't really have very strong enforcement mechanisms currently. And i think we've seen that play out quite obviously in the trump administration. The cards are all with

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