November 15, 2021
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4:55Now PlayingLast week, Donald Trump scored his first legal "victory" when an appeals court allowed him to continue to delay the release of his materials to the January 6th Committee - materials that were due to the committee on Friday. But this is just a temporary victory for Trump, as he still has to win his appeals to prevent the release of the material - and that is an incredibly unlikely scenario. Farron Cousins explains what's happening.
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*This transcript was auto-generated. Please excuse any typos.
Well folks, Donald Trump finally got a legal victory last week. After earlier in the week, suffering two fairly significant legal defeats. His victory came on Thursday when an appellate court ruled that the national archives could not turn over his materials to the January six select committee investigating the Capitol riot. However, this was only a temporary victory for Donald Trump. This is a temporary injunction that the appellate court put in place because his documents were due to be turned over on Friday. So because he appealed the decision that was handed down on Tuesday from judge Tanya, Chutkan where she said that presidents are not Kings and you aren't even the president. Therefore you cannot claim executive privilege. Trump immediately appealed in of course on Thursday, as I mentioned, appellate court says, all right, well, hold up now, I guess we got to look at this matter. So you can't turn over the documents yet, because if you go ahead and turn over the documents that kind of renders this whole appeal useless because by the time we get around to hearing it, they would have already gotten the documents.
So therefore you can't release them. This ruling, however, has no bearing whatsoever on what the ultimate outcome is going to be. It does not give us any insight at all into what the appellate judges are thinking. So I don't want people to think, oh no, the appellate court signing with Trump, they're really not. They're doing what any court would have done in a similar situation. The deadline was approaching before the case would be able to be argued. And because there is an active appeal, they wanted to do their due diligence. So they just said, listen, national archives, you gonna have to wait just a little bit longer. I, for one have no faith whatsoever in Donald Trump's ability to win this lawsuit though, because at the heart of it, judge Chuck kin's ruling really explained at all. Only the sitting president of the United States has the authority to declare executive privilege your not the president anymore. You don't get to make that call. And I don't see any appellate courts, even if there were appellate courts stacked with conservatives, I simply don't think it's going to happen. Oh, and for the record though, this appellate court is not stacked with conservatives. It's a three judge panel. Two of them appointed by Obama. One of them is a Biden appointee. So yeah, not exactly a friendly venue for Donald Trump. So I mean, look, judges are supposed to be impartial and I hope they are, but we all know they're never impartial.
These are liberal judges. It's kind of obvious which way they're going to go on this matter. But even if, as I said, if even if it was a conservative court, which I imagine Trump is going to appeal this all the way to the conservative Supreme court, they're not going to let it stand because they can't not just because, oh, we can't do it. Constitution binds our heads. They don't care about the constitution. What they care about are the ramifications of the ruling. Sure. You help out Donald Trump this one time. You're also essentially granting what could be called clemency to every single person who has ever or will ever serve as president of the United States. You could have bill Clinton come out and say, well, great. I'll claim executive privilege over all the horrible things I did. You could have George W. Bush come out and say, cool.
I'm claiming executive privilege over all the torture that nobody ever did. Anything about Obama could claim executive privilege, hell Jimmy Carter, still alive. He could claim executive privilege over anything he wanted. That's why these courts aren't going to do it because they understand, listen, it's not always going to be a Republican that wants to claim executive privilege. Eventually there's going to be somebody from the other side that wants to do the same thing and we can't let them do that. That's what this is folks. That's why I am actually confident in even the most conservative of courts, not protecting Trump, because if they were to protect Trump in this particular issue, they're actually protect, protecting every president that has ever or will ever serve.
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