Privilege vs. Third‑Party Doctrine

This week, Scott sat down with his Lawfare colleagues Anna Bower, Michael Feinberg, and Roger Parloff to talk through the week’s big domestic news stories, including:

• “Diving Head First into the Shallow End of the Jury Pool.” A federal magistrate judge has concluded that the government may well have made substantial misrepresentations and other errors before the Grand Jury in the prosecution of former FBI director James Comey, and has ruled that Comey is entitled access to extraordinary discovery to make his case that these errors warrant dismissal, among other possible remedies. What does this ruling—which is now on appeal—mean for the Comey prosecution and for the Trump administration’s other efforts to prosecute the president’s enemies?
• “The Ep Files: Fight the Future.” Republicans in Congress are hotly divided on the question of the Epstein files. While some Republicans (along with many Democrats) have sought broader disclosures from the Justice Department, among other sources, Speaker Mike Johnson and others have thrown up roadblocks to relevant requests, in part out of apparent concern that they may contain damaging revelations about President Trump. But the White House did an about-face this week, switching to support legislation that would compel disclosure of the investigatory materials—clearing the way for it to move forward. What explains the switch in time? And where might it lead?
• “Pipe Dreams.” The right wing media outlet The Blaze released a bombshell report last week, indicating that they had identified a law enforcement and intelligence official as the likely perpetrator of the Jan. 6, 2021, attempted pipe bombing of the DNC and RNC headquarters in Washington, D.C.—a longstanding obsession in certain corners of the internet. But its claims were quickly rebuked by senior FBI officials, triggering a round of mutual incrimination and accusation. What does this tell us about the state of the investigation and the broader relationship between the Trump administration, law enforcement officials, and prominent portions of his support base?

In object lessons, Anna revisits an older novel, echoed by some current events: Nora Ephron’s “Heartburn.” Roger revisits the November 13, 2015, terrorist attacks across Paris, commemorating the event’s 10-year anniversary with a recommendation of a video on Le Monde. Scott will be revisiting one of his favorite holiday events in the DC area: the Aimee Mann and Ted Leo Christmas Show. And Mike is revisiting novels of the past, bit by bit, through Edwin Frank’s “Stranger than Fiction: Lives of the Twentieth Century Novel.”

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