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FNC legal analyst Peter Johnson on the White House invoking executive privilege rather than hand over documents pertaining to operation “Fast & ...
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Correspondent joining me now is Peter Johnson junior trial followed attorney Fox News legal analyst here what let's go to -- The first issue an executive privilege I thought that to your congressman myself.
I'll put it rather straightforward.
-- this was an abuse of -- privilege.
He really -- about much -- and that.
Description.
I think congress and I estimated -- -- -- Mr.
President.
Where your folks telling the truth when you said you were not involved with this.
In the past.
But now you're asserting executive privilege that goes to the heart.
Of the White House meaning that there are communications back and forth between -- -- new advisors.
On this particular issue.
That would confer privilege which is -- we were involved or -- not involved.
If you -- involved OK then maybe executive privilege is in fact appropriate if you're not involved.
Then what are you trying to cover up.
And -- he really -- the president and change no choice but to.
Suggest that he was involved in the decision process.
War on that it.
Exactly privileges and -- -- -- not to get into the weeds in any case ploy is if it is clear there's -- vehicle that operational.
Proximity test.
And that's easily understood how close was the president.
To these communications.
The close to the president is.
The more executive privilege.
Applies the further away the president is the more executive privilege does not apply so again which is -- what's choice is -- -- be made.
And are certain -- going to be upheld.
When it's convenient for the White House.
And are certain laws can be ignored.
When it's convenient for the White House.
It's I think we have some partial answer is sure to those questions.
In other policy.
Decisions and practices.
But in this instance.
What let's assume that the U before surrounding this president and -- are very bright.
Folks they are right yeah.
What would be the point of asserting executive privilege if they put themselves precisely on the horn of that.
North -- that the -- -- shut it down.
Don't give the documents over litigate this in court and the other thing you have to understand -- I think you'd -- build with the audience should understand.
Is that this subpoena will die with the end of this congress.
It will have no -- power at the end of this congress.
And so if they can stall and stall install take the hit on executive privilege rather than taking the hit.
On what may be revealed by these thousands of documents as to what the president might have known what the AG knew it -- know.
How they were trying to respond and or cover up.
Congressional and media inquiries.
Based on the fact that they change their stories about fast and periods.
So take the hit on executive privilege the American people are upset about this.
And upset and -- understands that the Republican leadership and and congress is upset.
At the same time we talk about checks and balances right this is a balance of power of test now.
Who is most likely to -- here.
If as you say that the president has the benefit of putting the center court.
And trying it and that's a stalling technique.
Likely words you know but didn't want my.
I don't think congress is gonna blink but I think it's part and parcel of a greater crisis.
We have between the executive.
And the laws in this country.
In some sense there's almost a 40% you -- -- vacation crisis -- by this White House says.
We can nullify immigration laws if we want we can nullify a Supreme Court decision.
By revoking a partnership with the states.
And by setting up the wanted poster a hotline to report police officers and Arizona we can nullify.
Voting fraud in this country by saying.
No we're not gonna give you state of Florida information that we have about who's a citizen which is a requirement to vote in this country.
And we're gonna accuse you of racial discrimination in the same way that Al Sharpton has as part of the shot team today on behalf of the White House.
The black leaders -- who have -- -- the Al Sharpton today and that this race racist terms are up -- what point.
At what point is that affected politically at what point is that.
Likely to be.
Back -- It's ineffective and I think it's ineffective with with with with the African American base of the Democratic Party.
I understand racism I've seen it up close and personal.
I helped the first African American mayor of New York City.
David Dinkins twenty years ago.
So I understand -- but to call out Eric Holder for not turning over documents thousands of them.
When he's engaging in this kind of last minute.
-- the dog -- the homework excuse.
And then say well that -- is being vilified he's being attacked he's being singled out because of the color of his skin.
I find that the be objectionable if not laughable -- I think most American people.
Black white brown of every persuasion will say come wouldn't.
That's fine in a rally.
That's fine on feeling cable -- but don't do what the American people.
And and growth reverend Sharpton did look particularly comfortable there that you wonder we wonder just how comfortable they actually -- We'll find out and days and weeks we will -- just because you look here thank you as well as further Hattori.
