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GREGG JARRETT: The choose invoked the flawed authorized normal on willful defiance of a subpoena. He relied on an outdated 61-year-old circuit courtroom case, the premise of which has been repudiated and reversed by the U.S. Supreme Court docket. The proper and correct authorized normal is that prosecutors need to show the defendant knew his actions have been illegal, but when he believes, particularly on recommendation of counsel and good religion that his actions are lawful he cannot be held in contempt nor convicted.
It was folly for the prosecution, the Division of Justice to assert, “Nicely, there isn’t any government privilege right here as a result of Biden waived it and moreover, Bannon wasn’t on the time an worker.” Each of these are essentially flawed. You realize, if a subsequent president can waive the privilege of a previous president, that renders it meaningless, and the privilege does cowl folks exterior of the administration.
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