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Committee would certainly consider that. we will not finalize this contempt process if mr. clark genuinely cures his failure to comply with the subpoena this saturday. it is important to note, however, that mr. clark is not excused from testifying simply because president trump is trying to hide behind inapplicable claims of executive privilege. and of course, mr. clark is refusing to answer questions that are not conceivably subject to any executive or other privilege claim. finally, let me make a larger point, as well. president trump continues to make the same false claims about a stolen el...

Because he was not a direct advisor to the president, there was not a direct privilege claim here. but if he claims the fifth, which he has heard bennie thompson say, we want him to come in on saturday, we're going to have him assert the fifth amendment right, if that's what he wants to do, question by question. the question is, is he asserting it in a reasonable way to try to not incriminate himself, or is it just a blanket effort to create a new way to delay the proceeding? if that's the case, then they'll have a record they can take to the department of justice and ask for it. >> maya wylie...

Of a privilege claim? >> very likely so. for a simple reason. president trump is actually former president trump. the supreme court said in a 1977 opinion that former presidents might have some residual executive privilege. the way we determine that is asking the current president, joe biden, whether he's going to honor it. if a current president is not honoring or support the former president's claim of executive privilege, it really doesn't exist. so, i understand why president trump is litigating it. as senator said earlier. they'd like to run out the clock. i get the strategy. but as a leg...

Judge jackson was nominated to the court of appeals by joe biden, one of his new nominees thus far. she's widely believed to be on his short list if he gets a supreme court nominee at some point. the other two judges are obama appointees. judge jackson really took the lead, intellectually, in the questioning today and important to know, two years ago, when judge jackson was on the district court, she rejected an absolute immunity, a different kind of privilege claim, in the don mcgahn scenario, so she's sort of on record being skeptical about broad invocations of executive privilege and absolu...

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...