The Lawfare Podcast

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

Oct 20, 2021

51:11

Creator website

Episode guests

Jonathan David Shaub

Highlights

AI Chapters

Episode notes

Is the Justice Department in the Best Interest of the United States?

03:58

Do You See Any Prospect of a Court Granting Such a Request?

01:52

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

04:12

Introduction

4min

Do You See Any Prospect of a Court Granting Such a Request?

2min

The House Is Preparing to Vote on a Contempt Citation and Refer the Matter for Criminal Contempt

2min

The Justice Department's Role in the Contempt Act

5min

Do You Think We're Skipping a Step?

5min

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

4min

Is Bannon a Private Citizen?

4min

American History Tellers Roaring Twenties

6min

Is the Current President Taking Precedence Over the Incumbent?

3min

10.

Is the Justice Department in the Best Interest of the United States?

4min

11.

How Big a Deal Is the Justice Department's Flippant Intervention in This Case?

2min

12.

How the Committee Could Make This Cleaner for Justice Department Officials?

3min

13.

The Committee Judgment of Contempt of Court

2min

14.

Would the Justice Department Waver the President of the United States in Contempt?

4min

15.

Will the Justice Department Defend the National Archives?

3min

Jonathan David Shaub is an assistant professor of law at the University of Kentucky. He is a former OLC attorney and the author of a series of recent Lawfare posts on executive privilege, witnesses, documents and the Jan. 6 committee. He sat down with Benjamin Wittes to talk about Steve Bannon, the former president's suit against the National Archives, all of the privilege claims that are floating around, the misinformation about them that's proliferating on Twitter, and how the Justice Department will think about actually handling the cases that are now presenting themselves to it.

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