On the recordDecember 14, 2021
I appreciate, of course, the temptation to just change the subject and talk about something completely different because there are no arguments left on their side. The D.C. Circuit Court of Appeals in the Trump v. Bennie Thompson case, in an opinion of more than 50 pages, reviewed all the arguments on both sides about executive privilege and said executive privilege is a claim which, of course, belongs primarily and principally to the existing President of the United States, not to a former President of the United States. To the extent that a former President of the United States can raise it, the presumption is that the people in our constitutional democracy have a right to all the information they seek in order to govern themselves. That is what the investigative power of Congress is about. We have a right to obtain the information we need in order to legislate. So the presumption is that we get it. That can only be overcome if a sitting President--or in perhaps some exceptional cases, a former President-- demonstrates there is some compelling need that would override the fundamental right of the people to get the information we want. The D.C. Circuit panel found unanimously that not only had they not shown there was a compelling need on Donald Trump's team, they didn't even identify a potentially compelling need. Of course, there isn't one. Why?…





