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CNN Erin Burnett OutFront December 2, 2021 00:24:00

Incriminate me. it s not easy to take the fifth amendment, erin, from just a public-relations standpoint. i think former president donald trump said people who take the fifth do so because they are guilty. so this is a significant step clark has decided to take. all right, ryan, thank you very much. it is really important to lay all this out here before we talk to ellie honig, our senior lega analyst. and senior justice correspondent, evan perez. the reason i ask this question about one thing to walk in the room you have and to plead the gifgt and get you on record doing it. that is different than just putting in a letter. but when we look on november 5th when he didn t plead the fifth when mr. clark, instead, exerted executive privilege. it was so many specific questions. did you have any interaction with this person? did you when did you talk about the georgia election procedure? on and on and on and everything was same objection, same objection. i assert privilege objection. now ....

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CNN Erin Burnett OutFront December 2, 2021 00:28:00

You heard chairman thompson say and and vice chair cheney. if it is clear you truly believe that by speaking, you could engage in self-incrimination of a criminal act. okay. but then, he can t plead the fifth on every single answer, right? he has he has otherwise, that that is that would seem to be disingenuous. so certain answers which actually is even more damning on specific things, right? i think they want to really nail him down on this. by the way, big pircture now. anytime donald trump or anyone around him says who cares, no big deal. you say why did jeffrey clark take the fifth then? we are talking about a crime then. if i was asking the questions on saturday if jeffrey clark shows up is ask him every question i would have asked him otherwise. if he take the fifth on his name. i mean, he can t do that, right? but it will be telling where he does and does not take the fifth because where he does, well that s where jeffrey clark believes he may have been part of a crime ....

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CNN Erin Burnett OutFront December 2, 2021 00:26:00

Person at the center of all of this. i just want to remind people of what he said. here he is. the mob takes the fifth. if you re innocent, why are you taking the fifth amendment? when you have your staff taking the fifth amendment taking the fifth so they re not prosecuted. when you have the man that set up the illegal server taking the fifth, i think it s disgraceful. have you seen what s going on in front of congress? fifth amendment, fifth amendment, fifth amendment. horrible. horrible. like the oracle of delphi there, everyone. have you seen what s happening in front of congress? fifth amendment, fifth amendment. but but he is putting his finger on exactly why they are going to make jeffrey clark do this. yeah and i do think that they want to to to go question by question because, you know, they need to know what questions, you know, what specific things he is concerned ....

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CNN Erin Burnett OutFront December 2, 2021 00:22:00

Amendment privilege then and chose not to do it. so this is sig nifnificant on a number of levels because he would be the first subpoena target, the first witness to use the fifth amendment as way to not answer questions. the big question i want to make this last point, erin now, what does the committee do in terms of whether or not the full house votes on this resolution? that was something that we thought could happen as soon as tomorrow. do they hold off on bringing it to the full house until this situation with this deposition happens this weekend? that s still an open question that we need to get an answer to. but nonetheless, the committee s still moving forward with reporting out this criminal contempt referral of jeffrey clark. i don t know if you know the answer but obviously what we saw november 5th was question after question after question. they asked every question and he or his lawyer mr. clark or his lawyer, mr. mcdougal, would say i exert executive privilege, ri ....

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CNN Erin Burnett OutFront December 2, 2021 00:23:00

I plead the fifth. like, is he going to have to plead the fifth 50 times? so, that s a great question and i was there that day. you know, i saw clark walk into the room. we saw him walk in and out of the room multiple times and having hushed conversations with attorney his attorney on that day. it didn t take very long for the committee and clark and his attorney to realize that they weren t making any progress before he left. think he was only in the room for about an hour, and it wasn t just executive privilege. he also claimed that there was some attorney-client privilege that prevented him from answering these questions. but if you read the tea leaves in bennie thompson s statement here today, he suggests that it s not just going to be one question that they are going to ask him where he is going to say i plead the fifth and that s the end of it. that they want to ask a number of questions before they are satisfied that he is going to plead the fifth on every point. so this cou ....

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