MSNBC "The Last Word with Lawrence O'Donnell" - Transcript: Interview with Rep. Colin Allred

Interview

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Joining us now is Democratic Congressman Adam Schiff of California. He is chair of the House Intelligence Committee and he`s a member of the select committee on the January 6 attack on the Capitol.

Thank you very much for joining us. What is your reaction to what we now know to be the substance of the lawsuit Donald Trump has brought to try to block this material?

[22:39:54]

REP. ADAM SCHIFF (D-CA): Not at all surprising he wants to block the committee from finding out about his conduct on January 6 and in the days leading up to that date.

All of those records are pertinent to our investigation. All of those records are pertinent to our being able to legislate to protect the country going forward.

And look, if the Trump lawyers don`t know it already, they should. Their claims have no merit. As you said, Lawrence, the sitting president has the authority to assert privilege or not assert it.

So Biden is not asserting privilege here. He recognizes that the national security interest is paramount here, that congress should be able to do its work. And as one of the amicus briefs made not of that was filed by dozens of former Democratic and Republican members of Congress, if you can`t effectuate Congress power here to do oversight, then congress might as well just go home.

O`DONNELL: And for the most part, the very concept of executive privilege, presidential executive privilege has been grounded over time in national security concerns, for the most part.

Of course, the president would not want it revealed that he had a certain discussion about some interaction or threatening interactions with a foreign country of some kind.

You, on the Intelligence Committee, would support that kind of privilege. You have shared -- and information has been shared with you on the Intelligence Committee that you cannot reveal. And that`s the kind of thing that we normally think of as being protected by executive privilege.

SCHIFF: It is. And you know, I would say it also protects a person`s ability to confide in top people around him. But as we saw in the Nixon case, those considerations ultimately have to give way if there is a paramount need to know in the Congress and in the country.

That was true in terms of Nixon and the Watergate tapes. And it`s true here. Indeed it would be hard to stay the stronger case even if there was a privilege, even if Joe Biden asserted a privilege here, which he is not doing. It would be hard to overcome Congress` need to know when we`re dealing with a violent attack on the Congress, an attempted insurrection.

So if there was ever a case to override a privilege where it applied it would be here. But here it doesn`t apply because Joe Biden has been, you know, willing to uphold Congress` need to know.

O`DONNELL: We just saw the United States Supreme Court today rush a hearing on the Texas abortion law really speed up their process. Should the courts be doing that in this case?

SCHIFF: Well, I think there is a need for expedition in terms of the January 6 Committee`s work because there is an urgency to being able to protect the country from another violent attack.

The president continues to push out the big lie about the election that led to the first attack. And so I do think it`s really important.

I would also say that the courts need to be mindful of the practice of Donald Trump to delay justice in order to escape justice. We saw that for four years as the former president went up and down the courts merely for the purpose of delay.

And here that delay could be disastrous for the country. So yes, I think all of the courts, district court, court of appeal, Supreme Court, any courts that look at these issues need to move with the greatest possible expedition.

O`DONNELL: Congressman, before you go, can you clear up what is now my confusion about what is happening in the House of Representatives right now this week on the Senate infrastructure bill? Is the House going to vote on passing the infrastructure bill that passed the Senate with a bipartisan vote in August?

SCHIFF: Yes. We`re going to take up both bills this week and both bills will pass. And I agree with what Norm was observing that I think the progressives, and I include myself among the group, have been very pragmatic and have been willing to trust that the president and the senate will get the votes to pass the Build Back Better Act. That`s an act of faith, I think, and I think that faith is well placed.

I have confidence in the speaker and the president and Senator Schumer. We`re going to get this done, and it really is miraculous that with a 50-50 majority and practically 50-50 in the House as well that President Biden will be able to achieve new deal magnitude investment in the American people, which is so desperately needed. It will be a dramatic accomplishment.

O`DONNELL: Has the Speaker told you that they`re going to vote on both bills this week?

SCHIFF: You know, I haven`t had that personal conversation with her, but I think she`s made it clear we`re taking these up. And I`m confident if she is ready to take those up that she is confident that we`ll pass this in the senate.

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O`DONNELL: Congressman Adam Schiff, thank you very much for joining us tonight. Really appreciate it.

SCHIFF: Thank you.

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