On the recordApril 6, 2022
I know my colleague and friend, Mr. Armstrong, knows very well that, first of all, executive privilege is a qualified privilege. Secondly, former President Trump has not asserted executive privilege. Third, I have tremendous respect, obviously, for Justice Kavanaugh, but my colleagues continue to quote Justice Kavanaugh without noting that the opinion in the D.C. circuit, which was upheld by the Supreme Court, in that opinion the judge found a number of things, including ``to allow the privilege of a no-longer sitting President to prevail over Congress' need to investigate a violent attack on its home and its constitutional operations would gravely impair the basic function of the legislature.'' The Court also held that under any of the tests advocated by former President Trump, the profound interests in disclosure advanced by President Biden and the Select Committee to Investigate the January 6th Attack on the United States Capitol far exceed his generalized concerns for executive branch confidentiality. And I would just repeat again, Madam Speaker, that Mr. Scavino and Mr. Navarro both have chosen not to appear in front of the committee to answer questions that are clearly outside of any potential claim of privilege they may have, and even if they believe there is a claim of privilege, they are obligated to appear and make that assertion. They cannot simply refuse to respond to the committee's subpoena.…





