Former President Trump's lawsuit against the National Archives and the January 6 Committee, executive privilege boundaries, Steve Bannon's criminal referral, legal complications of depositions, analyzing factual claims in defamation cases, deposition delays and defense strategies
The concept of executive privilege is based on judicial interpretation and allows the executive branch to refuse the disclosure of certain documents and communications, but former President Trump's generic claims lack specific arguments about the nature of the communications he seeks to protect.
Former President Trump's attempts to delay or avoid depositions and congressional subpoenas are becoming less viable, as seen in his recent lengthy deposition and the likelihood of criminal charges against his former advisor Steve Bannon for Contempt of Congress.
Deep dives
Former President Trump's Lawsuit to Protect White House Papers
Former President Trump has sued the National Archives and the chairman of the January 6 Investigating Committee to prevent the disclosure of White House papers and communications related to the January 6 riot. He asserts executive privilege and has instructed former advisors, such as Steve Bannon, not to comply with committee subpoenas. However, the concept of executive privilege is not explicitly stated in the Constitution and is based on judicial interpretation. It allows the executive branch to refuse to turn over certain documents and communications that are deemed private, deliberative, and relating to important decisions. Former President Trump's assertions of executive privilege are being met with skepticism, as his claims are generic and lack specific arguments about the nature of the communications he seeks to protect.
Former President Trump's Deposition and Contempt of Congress'
Former President Trump recently sat for a lengthy deposition in a case where protesters alleged assault by his security detail in 2015. This highlights one of the consequences of being out of office, the reduced ability to avoid being deposed. Additionally, Trump is expected to be deposed in the defamation case brought by Summer Zervos, a former contestant on The Apprentice, who accused him of sexual assault. While he has requested to file a slap counterclaim against Zervos under New York's anti-SLAPP law, the strength of that claim remains to be seen. Furthermore, Steve Bannon, a former advisor to Trump, faces a criminal referral for Contempt of Congress after defying a committee subpoena. Legal experts believe Bannon has no strong legal basis to assert executive privilege and that criminal charges are likely. In light of these events, it appears that Trump's attempts to delay or avoid depositions and congressional subpoenas are becoming less viable.
Congressman Fortenberry's Indictment and the Consequences of Talking to the FBI
Republican Congressman Jeff Fortenberry of Nebraska has been indicted for making false statements to federal officials in connection with an investigation involving illegal donations from a foreign billionaire. The charges arise from Fortenberry's conversations with the FBI, during which he allegedly lied about his knowledge of the donations. This case serves as a cautionary tale about the risks of engaging with federal agents without legal counsel. It showcases how federal investigations can leverage conversations to create charges in situations where substantive evidence is lacking. While Fortenberry's case is ongoing, his indictment underscores why it is generally advised not to speak to the FBI without the guidance of an attorney.
Former President Trump has sued the National Archives and the chairman of the January 6 investigating committee, Congressman Bennie Thompson, to try to prevent the disclosure of White House papers, records and communications up to and during the riot. He’s asserting executive privilege. What does that mean again? Where does the idea of executive privilege come from, and how are the interests weighed in a situation like this? And then...does a former president have a strong executive privilege claim? That’s a not-very-well-explored question.
Trump is also instructing former advisers, including Steve Bannon, not to comply with subpoenas from the committee. Bannon hasn’t been complying and so the committee voted to make a criminal referral to the Justice Department for contempt of Congress. Does that mean the Sergeant at Arms has a job to do? (Not just yet.)
Plus: President Trump is deposed for more than four hours, New York’s new anti-SLAPP law and the Summer Zervos lawsuit, Lev Parnas’s ongoing trial, and Congressman Fortenberry is indicted.
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode