Transcripts for MSNBC All In With Chris Hayes 20220120 01:05

MSNBC All In With Chris Hayes January 20, 2022 01:05:00

privilege in the abstract. what you are saying is that the court doesn't reach that second question, essentially, here about whether they can or cannot. that remains to be seen perhaps in further litigation. >> that's exactly right. justice kavanaugh would have, had he conquered, and he would have -- he would have ruled that, in fact, the former president does have quite a bit to say about the nature of the privilege. but the court in that 8-1 ruling decided that it didn't have to decide. in other words, it refrained from making any ruling, said that it didn't have to because, as a court of appeals said below, on any standard trump would lose. and that is because he did not make a particular showing at all, as he often does. he just claims a blanket and absolute privilege. that has not worked for him in the past and it didn't work for

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