Transcripts for CNN New Day With John Berman and Brianna Kei

CNN New Day With John Berman and Brianna Keilar November 30, 2021 11:18:00

our federal courts have three levels. we've already been to the u.s. district court, the trial court. now, here's how that came out. a judge, judge chutkin in washington, d.c., three weeks ago, she rejected the executive privilege argument. she says the committee gets the documents. the judge wrote presidents are not king, and, plaintiff, donald trump, is not president. that brings us to where we are today. >> what arguments do you expect today? >> back to our structure, we've already been here. now, we are here in the u.s. court of appeals for washington, d.c. now, this is going to be a three-judge panel. it is interesting to note, judge brown-jackson, she's a biden nominee to the court, one of his first nominees, also reportedly on his very short list if he does get a supreme court nominee. importantly, two years ago when she was a district court judge, she rejected a similar privilege claim in the don mcgahn case.

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