Appearing early Christmas morning with CNN host Jessica Dean, legal analyst Michael Zeldin dismissed plans by former New York City Police Commissioner Bernard Kerik to publically release documents related to the Jan 6th insurrection to the House committee investigating the riot as he tries to avoid testifying.
According to Zeldin, Kerik -- a close associate to Donald Trump adviser Rudy Giuliani who is also under investigation -- is in no position to dictate the terms of how he will respond to the subpoena issued by the bi-partisan committee.
"Former Commissioner Bernard Kerik says that he is planning to release the documents requested by the House committee," host Dean prompted. "Should the committee be allowing Kerik to kind of dictate these terms of his cooperation, do you think that they are?"
"Well, unless the subpoenas say ''please do not disclose' and there is some sort of gag order that prohibits him from doing that, he is free to release whatever he wants," the Zeldin replied before scoffing, "He could release his social security number and his bank accounts for all the committee cares. But he doesn't have the right to not cooperate with the committee and not produce to the committee what the committee is asking for. He can't publicly release it instead of giving it to the committee."
"And former president Trump is now asking the Supreme Court to help him keep his White House documents out of the hands of the committee," Dean pressed. "And the House panel is asking the court to expedite its consideration of that request."
"We have seen former president Trump use this tactic going to court to kind of slow things down in the past. So far the courts have not allowed that to happen and have ruled against him. How do you think it will play out with the Supreme Court?" the CNN host continued.
"My hope is that the Supreme Court denies it, that they refuse to take the case, let the Court of Appeals decision to be the law of this case which would thereby mean that there is no executive privilege claim for Mark Meadows and Steve Bannon and all the others who are relying on that to refuse to cooperate," Zeldin explained. "That, I think is what the Supreme Court should do. "
CNN 12 25 2021 09 19 07 youtu.be