
Everything You Wanted to Know About Executive Privilege But Were Afraid to Ask
The Lawfare Podcast
Do You Think We're Skipping a Step?
In a contemptive court situation, where somebody refuses to show up at a grand jury and give testimony under sapina, initially he is held in civil contempt on the order of the chief judge. Here, there's no way to do that because there's no adjudicative like if bannon wants to test the integrity of his executive privilege theory. And so we're left in a situation where congress has inherent contempt, which is akin to what you describe with civil contempt. It's coercive. If someone testifies, then they get out. But congress hasn't used that in almost a hundred years, and the practicalities of using it are very difficult. So the only option reallyi criminal
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