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That is united states versus richard nixon. that is the important principle. and finally, i would say that the question of who controls the executive power within the executive branch, the vertical question, you have the agencies which exist, it is distinct from what is distinct vis-a-vis congress. the scope of executive power vis-a-vis congress, i have made clear in the context of national security, the context of administrative law, my cases questioning unilateral rewriting of the law and of the criminal law, i have reverse convictions. and i am one not afraid at all, if you re my record 12 years, to invalidate executive power. let me ask you this. you have referred it to this case, in the context of a war, ....
Court nominee during a presidential election year. we are not in a presidential election year. we are have midterm elections but we have those every two years anyway. we have a presidential, of course, every four years. you believe there will be a vote before the midterm election? i do. i think there will be a long confirmation hearing. i hope it s orderly. i hope everybody has plenty of time to ask questions. i know who i m looking for. i want a cross between socrates and dirty harry. i don t want a hater. i want a whip-smart man or woman who understands the role of the united states supreme court vis-a-vis congress and the president. i think neil gorsuch was an excellent choice. i don t know if justice gorsuch has a twin sister or twin brother. if he does, that s the kind of person i would look for. you want somebody who makes conservative extreme positions ....
Is something the white house invokes is such an important one. one person i spoke with pointed out to me that executive privilege, an important part of how executive privilege works is based on the constitutional separation of powers theory. the idea that the executive branch should be walled off from the legislative branch. of course the house intelligence committee is part of the legislative branch while president trump is the white house and bob muler are all part of the executive branch. so one thing that a person who i have been chatting with over the evening highlighted is if the white house were to try to invoke executive privilege in a way that is related to bob mueller, the legal argument could be harder than it is for vis-a-vis congress. and betsy, to be clear, as far as we know, and i think i know the answer to this just based on other public reporting, the white house is not invoking executive privilege when it comes to the mueller inquiry. not just specific to steve bann ....
If all this is is true, i have more questions. can you refuse to answer questions in the face of a subpoena? is it unusual for the white white house to have told a white house adviser not to answer questions from congress? is it unusual the committee in congress had a subpoena for him ready to go in the room as soon as they came to that standoff? and last but not least, why did both of these things happen on the same day? right? i mean, twice. did one of these subpoenas that make the other one happen? did they tend to arrive in pairs? is one going to interfere with the other one? is this more ordinarily than it seems? i have exactly the right person here in studio next to explain this to us. plus we have michael schmidt here who broke the story today hours before anyone else got anywhere near it. stay with us. to that good night, ....
Tonight after nine and a half hours of what you might call testimony. he was in there along time but it was not apparently because he was busy answering their questions, at least that s according to members of congress who were in the room. after that marathon session, the top democrat on the committee adam schiff came out and briefed reporters on what happened there. we had a long day with mr. bannon today. it began by being informed by mr. bannon s counsel that as he was attending on a voluntary basis, he was going to decline to answer any questions concerning questions, meetings, conversations that took place during the transition or during his time in the administration. he was served with a subpoena during the curse of the interview. his counsel then conferred again with the white house and was instructed by the white house to refuse, again, to answer any questions even though he was ....