On the recordApril 6, 2022
Madam Speaker, the fact is, President Trump has exerted executive privilege, and Mr. Scavino has raised the issue of executive privilege at President Trump's request. No matter how much my colleagues on the other side want to say differently, it is a legitimate assertion, considering the D.C. Circuit Court, in Nixon v. Administrator, held that the executive privilege can be raised by a former President, a determination recently reinforced by Justice Kavanaugh in Trump v. Thompson by stating that the right of a former President to assert executive privilege exists, even if the sitting President does not support that privilege. Concluding otherwise would, in fact, actually eviscerate the privilege in total. Keep in mind that the ruling on executive privilege in Trump v. Thompson deals with a narrow set of documents from the National Archives. It has no bearing on whether Mr. Scavino testifies. The ruling does not apply to documents at issue in this case, nor does it apply to the testimony sought by the committee or whether the committee has a legitimate purpose for conversations between President Trump and his aide. The select committee has refused to acknowledge President Trump's assertion of privilege as it applies to Mr. Scavino, and the committee takes an overexpansive view of what Trump v. Thompson actually says and fails to even acknowledge that the Supreme Court case of Nixon v. Administrator exists.…





