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Transcripts for MSNBC The Last Word With Lawrence ODonnell 20211201 03:15:00

before congress is not in session anymore. the court has not seen a case exactly like this. they have two nixon cases from president nixon, one while he was president, and another when he was a former president. and so neither one of those cases fit exactly what we re talking about here. and so the it seems to me the judges spent an inordinate amount of time today in a very repetitive discussion simply because this exact case had never passed through the court before. yeah, that s right, lawrence. this really is a case of first impression. this isn t a traditional executive privilege case. usually in these executive privilege cases you re seeing the courts trying to mediate between two branches of government, the executive branch and the legislative branch who have different priorities, different equities, and the courts are asked to intervene and decide how to balance those equities. that s not the case here.

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