Page 10 - Balancing Test News Today

It is not absolute. and even where executive privilege applies, there is a balancing test that if there is some need for it, it can overcome that executive privilege. but goy back to the original point, it is reserved for the executive branch. if youre a private criminal defendant, youre going to have a real hard time claiming executive bridge because you happen to share a lawyer with the president. >> could these close ties to the president through giuliani potentially leak into the impeachment...

>> jonathan, there is -- theres a risk to history in a very narrow drafting of articles and that is does it leave the implication, if you leave out the emoluments violations, that thats okay, does it somehow certify what donald trump has done running a hotel business in washington, for example, taking income from foreign governments that way? does it certify his refusal to obey the law and hand over a very clear law that says treasury department must hand over any tax return that the house ways ...

That way? does it certify his refusal to obey the law and hand over a very clear law that says treasury department must hand over any tax return that the house ways and means and demands, theyre violating that law and a string of other things. is it a concern to leave out this long string of things might leave them as certified acceptable action for the future president? >> i guess it is a concern, but its a balancing test because you want to be politically disciplined, and nancy pelosis a boss....

Confused. is that important or more that the big details are right? >> credibility is always about accuracy. its always a balancing test. the bigger the detail you get right the better it is. for example, here the whistle-blower accurately described most of the content and most of the tenor of this call before the memorandum of record was publicly released. he was telling us in advance what to expect in the memorandum and got it exactly right. likewise with the fact the memorandum was moved to a...

President trump. democrats are looking into the presidents constitutional violations and administrations culture of corruption. joining us is msnbc contributor, former u.s. attorney and former senior fbi official. back with us, former congressman david jolly, an msnbc political contributor. chuck, let me start with you. the majority whip are making the argument that the words dont matter here. is that the case as you look at what the house judiciary committee has accomplished so far, what it has...

The white house continues to assert all sorts of privileges over material of documents and witnesses. in order to prevent, and youre going to have to little gait that. in order to find out and test whether or not those privileges are real and will be upheld, you have to go to court. if you go to court without an impeachment inquiry, its just harder to win. the courts are more likely to find that privilege gives way to some other process or some other purpose if theres something else going on. on...

Democrats made so many gains in pennsylvania and california, ive seen no sign that there is in groundswell of support for impeachment. and dont see the numbers growing rapidly. so every time we talk about 70 members in favor, that means 140 are against impeachment. and that number is still bigger. >> there is not a lock that impeachment will take place because the speaker is firm. she has made this point in ways and that interview with our colleague fareed zakaria, shes saying, this is a balanci...

>> multiples. >> is there no requirement on the part of johnson & johnson to raise a red flag and say hold on a second. why are ten times, 20 times the amount we believe the people should be receiving this drug. why is there a multiple out there? there is no consequence to that? >> you raised a really powerful, moral argument. the question is, is this a legal theory for holding the company liable? where you have several different as we call in the law intervening causation events happening in be...

President. >> one of the articles included him gossiping agent legislatures. that didnt work. there is no point. paul, you better agree with me on this, im not playing today, everything in the law is a balancing test, right? you have to balance. so what is important to the constituents? as opposed to impeachment. how are you going to get a democratic in the presidency? think about that. stop wasting time with the impeachment. let the prosecutors do what they are paid to do. they are going to get...

Interest of other foreign administrations to say we can trust were able to have candid conversations with you against what congress and the publics right to know is. there are ways that that fulcrum and balancing test weighs in favor of congress, given the things that both chris and fwlora have laid out about the notions of the president having these conversations, references for the nato of alliance, the decision not to have anyone else in the room when you should have had others there as well....