very political nature in this case. i don t think we need any of those things. you have norm eisen filing a brief in the case. he s been all over anti-trump stuff forever. just play it straight. if the documents are as the government says, they re going to have to be a lot of answers provided. and here now is the aforementioned norm eisen, former house judiciary special counsel and donald trump s first impeachment trial, as you heard, norm filed a brief in opposition to trump s request for a special master. thank you for being with us. your name was invoked. your response. well, john, this is such an important case that not me, i was just one of the lawyers for the case with the distinguished group of co-counsel, but seven leading gop legal voices, from every administration prior to donald trump s going back to the reagan administration put together this brief because they wanted to say to the judge, and there is not a political word in it, it is about the law. and they w
and they wanted to say two key points to the judge, john. number one, this is an executive privilege dispute so there s no place for a special master. number two, special masters are used for attorney/client privilege documents. so just to explain to the judge why her preliminary indication really didn t make sense, is a republican brief not a would it be reasonable to have a special master to look at the issue of attorney/client privilege for some of the documents? it would be reasonable. the cases go both ways on that, john. as you know we were chatting about this over the break, sometimes courts appoint special masters for attorney/client privilege documents. sometimes they don t. there is a small number of those documents here, but an executive privilege document of which there are hundreds of classified ones here, that is the
good morning and welcome to way too early, the show that is happy to report it s friday. friday, december 10th. i m jonathan lemire. let s start with the news. a federal appeals court has unanimously denied former president donald trump s request to block the release of documents by the national archives to the january 6th select committee. the ruling upheld a lower court s opinion which said in an executive privilege dispute between a current and past president, the sitting president must prevail. the court gave the former president 14 days to file an appeal with the supreme court, during which the injunction to halt the transfer of documents will remain in place. in a 68-page opinion, the panel concluded that, quote, former president trump has provided no basis for this court to override president biden s judgment and the agreement and accommodations worked out between the political