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Christie: The DoJ Has a Good Chance on Special Master Appeal; A Previous Executive Can’t Assert Executive Privilege

‘They had no choice, in my view, but to go in and take them’
By Grabien Staff

EXCERPT:

CHRISTIE: "Well, look, I think the Justice Department's chances are pretty good. And I think they are because their main thrust is that some of these may be covered by executive privilege. Well, there's only one executive who can assert the privilege, and that's the one who is the current executive, Joe Biden. A previous executive can't assert executive privilege. They're not the executive any longer. Biden will not assert executive privilege over these documents, and I think the idea that some of these documents are somehow attorney-client privilege is going to be a bit of a reach and I think they're going to have to show, in some respect, they have a good-faith basis to make that claim. So I think, for one, I think the DOJ probably has a pretty good chance on appeal. But I think we also should take a step back, Terry, because I remember all the hysteria when this first search was done and I was on the show saying we should wait and see why DOJ did this. It's not only the nature of the documents. We now have a good idea of the timeline. This has been 16 months that the Department of Justice has been saying please, asking nicely, negotiating with his attorneys, taking up partial production, seeing a non-response to a subpoena. They had no choice, in my view, but to go in and take them because of the nature of the documents.”

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