Privilege On News Today

outstanding supreme court decisions. joining me now to talk about all of them as we wait for them to come down, cnn chief legal analyst and former federal prosecutor, jeffrey toobin. i want to start on a case that is so consequential. explain this for the power of the administrative state and the executive branch to delegate its power. >> congress passes laws. i think everybody knows that. but laws are generally phrased in fairly general terms. and we have administrative agencies that ...

Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to re...

So the committee is going to want to ask about those things. those are astonishing statements that she testified to. but even more astonishing is that he seems responsive to this committee request. a source told dana bash who was close to his thinkingly last night that he probably will agree to a transcribed interview with the house select committee with some limitations. obviously there could be some executive privilege carveouts, things about confidential communications between him and the pre...

>> it certainly will. your committee has received nearly 8,000 pages of emails from former trump lawyer john eastman who played a key role in crafting the election fraud conspiracy. but hes with holding, more than 11,000 pages. what sort of communications did he share with your committee and what are you still missing? >> well, he has claimed privilege on certain of these documents so this is a huge amount of documents were still receiving this, evaluating them. but we have a concern. as to whet...

Obstruction. we dont necessarily need these witnesses testimony to make our case, and they move on. >> and so, michael, the other issue is of course the judge says the president himself is not immune from testifying. obviously the chances on that would be -- i mean, i dont know. what do you say? >> i dont think theres any likelihood of that happening that takes it to a whole level when you -- a whole new level when you demand testimony from the president, but i -- just one more point on mcgahn. ...

Senator klobuchar is now questioning judge kavanaugh. >> is there anything in those documents or in the staff secretary documents that you think we would like to know that is relevant to some of the topics we discussed today? you must know what is in them. >> before you answer without taking time off of her time, its incorrect that committee confidential, no senators can see those records. any, all 100 senators can see those records. in fact, we set up separate terminals so people can go there. ...

Cho cohen or the trump organization have said a lot of these documents extend to privilege. the government has received 1.3 records antd items as part of this review. 252 is not a big chunk of that. we know the special master received new information from three computers, two cell phones and a video recorder that she has yet to review and that cohen and trumps lawyers and the trump organization have not yet made claims of privilege on. this feels like we might be at halfway mark but theres still...

Important function. they are the final check on other branches that get out offal control. it brings us back to how important it is that they have now changed the rules on how you get a judge on the bench and president obama now has a lot of control over that. >> this is precisely the reason he wanted control. precisely the reason why harry reid, the majority leader in the senate changed the rules, exercised the nuclear option. they have the constitutional right the to do it and they did it. the...

Want you to immediately drop all charges and any investigation whatsoever and cease this. >> sean: the question i have is when they invoke executive privilege they have to go through and give an explanation what is called a privilege log and every single item that they are invoking privilege on. is this as we look that the through a political prism, david, is this an attempt and has this been an attempt to stone wall now put this in the court system to get this beyond election day? is this a pol...

Want you to immediately drop all charges and any investigation whatsoever and cease this. >> sean: the question i have is when they invoke executive privilege they have to go through and give an explanation what is called a privilege log and every single item that they are invoking privilege on. is this as we look that the through a political prism, david, is this an attempt and has this been an attempt to stone wall now put this in the court system to get this beyond election day? is this a pol...