On CNN Friday, anchor Chris Cuomo tore into former President Donald Trump for trying to assert executive privilege to nullify subpoenas of his associates for information on the January 6 Capitol insurrection.
"The idea of Trump exercising executive privilege to avoid scrutiny by the January 6th commission is being reported as if it is a legitimate option," said Cuomo. "It should not be, and here is why. The facts. Trump sent a letter to the National Archives today asking to withhold about 40 documents the committee wants, citing executive privilege. Now, does that exist? Yes. A sitting president has that privilege. The key is sitting. Trump is obviously out of office. Does that matter? Yes. Why? Two arguments."
"Legally, there is zero precedent for a former president getting such protection from their own issuance," said Cuomo. "From their own issuance, meaning they say, as a former president, I want to exercise this privilege. Now, there's a distinction to be made I'll get to in a second. But no precedent of the law recognizing a former president being able to do this. The closest thing to a case on point is what happened in the Supreme Court against Nixon. And that case rejects the idea. Why? The privilege belongs to the presidency, which is an office. It does not attach to the person in the office ad infinitum, meaning forever."
"Second, we know this not just as a matter of law but as a matter of practice, because, to the distinction I mentioned earlier, former presidents have asked sitting presidents to exercise the privilege on their behalf to protect particularly communications or documents," continued Cuomo. "That means, in no small irony, it is up to President Biden to choose whether to protect Trump's January 6th communications. And Biden said, no way. you deserve a full understanding of what led to an attack on the Capitol on January 6th. President Biden and the White House said it matters too much to censor."
"But for Trump this is not about the law. It's not about proper practice," added Cuomo. "It is about delay."
Chris Cuomo slams Trump for trying to assert executive privilege out of office www.youtube.com