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MSNBC 2023 White House Correspondents Dinner June 4, 2024 00:18:00

Get access to stuff that we didn t get. they have a hammer of sorts to compel testimony that congress doesn t have. and in a criminal grand jury investigation, if there is a privilege assertion or rejection to a subpoena, that is immediately litigated by the chief judge of the district in which the grand jury sets. then it goes immediately on a motion to stay the district court order to the court of appeals. we didn t have the ability to move quickly through privilege assertions and adjudication s. we had to go through a civil process. which lawyers representing witnesses knew would take too long, because we were on a timeframe and we would expire. so jack smith, and his team, or wisely pushing back against merit-less privilege searches. judges are agreeing with them, and are forcing some witnesses that would not answer certain questions to go under oath. that ideally, for jack smith, gets him the extra five or 10% that we could not get. he will get. i think that likely makes the ....

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MSNBC Alex Witt Reports June 4, 2024 17:31:00

And rapid ability to adjudicat those assertions we disagree with the vas majority of those privileged assertions but we and how exactly smith has, which is a grand jury, desire for the grandeur to overcome privilege assertions. 11 cases on. that and importantly procedurally, he can g immediately to the case judg which summarizes the grand jury, that is an expedited matter. it can be rolled upon very quickly. then the only issue that goe before the court of appeals is is a likelihood of success will the court of appeals stay the district court s ruling? the special counsel will tak advantage of that rapid proces to adjudicate and ofte overcome those privilege assertions all that will give them access to information from some of th people that we interviewed, bu did not get some of thos direct communications becaus of that privilege assertion. going even further details, the court had constructing a ....

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MSNBC Deadline White House June 4, 2024 21:06:00

Compelling, beyond what we found. he is going to have access to new information, beyond privilege assertion or people that refuse to come in to the select committee are going to have to now go in front of the grand jury i think all of that is going to make an even stronger case than the one on which we based our criminal referrals accountability in this country has to matter. the law applies the same whether you re an accused drug seller on the streets of new york city or the former president of the united states, the same rules apply. and that principle i think is going to guide the attorney general and his team to the right decision i want to bring our viewers into the loop here, because you brought us to the conversation we intended to have with you and luke but we came on the air with some breaking news out of new york city, that the nypd is sort of refortifying the area around which the grand jury investigating donald trump s alleged crimes around the payments to stormy daniels, ....

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MSNBC Deadline White House June 4, 2024 22:42:00

Any privilege assertion, it s a qualified privilege. the protection of private communications are weighed against the compelling need for the information. congressional oversight is a compelling need, but it isn t as compelling as a grand jury investigation. if there s criminal culpability, that that overcomes privilege assertion. there s a stronger predicate in the balance of account witties that a judge does in a qualified privilege inquiry. there s a procedural benefit that the special counsel has that we didn t have. if there s a privilege, that immediately goes to the chief judge for adjudication. she can assemble the parties, hear arguments and rule. i m not sure that the ruing is immediately appealable. that maybe assumed in a direct appeal if there s an dooumt in a criminal conviction. conversely, we did not have the benefit of a judge sitting in chambers ready to adjudication ....

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MSNBC Deadline White House June 4, 2024 22:43:00

Privilege. we had to go through a civil process, pleadings, weeks and weeks and witnesses knew they could weigh this out. we were on a clock. so they could make a really clearly baseless privilege assertion and we weren t able to get a judge fast enough to rule on it in time before we finished our work. jack smith is not burdened by that procedural handicap and can get rulings quickly. i don t know anything, but he s already gotten such rulings with respect to cipollone and they may have provided testimony about those direct communications where they asserted privilege. i just want to ask you one question and conclusion. given your response to luke that there is a much faster and more efficient method in a criminal investigation like with jack smith is waging, and given what you said about the strength and circumstantial evidence, do you have a prediction on how long it could take jack smith to charge donald trump or others? ....

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