Trump Didn’t Invoke Executive Privilege For Steve Bannon, Lawyer Told FBI

Topline

The Department of Justice revealed in a Monday court filing the FBI has interviewed former President Donald Trump’s lawyer Justin Clark, who told federal investigators Trump had never invoked executive privilege for Bannon, delivering a blow to the former White House strategist’s legal argument against testifying to the January 6 committee.

Key Facts

Prosecutors wrote in a motion Clark confirmed during a June 29 interview Trump had never invoked executive privilege for Bannon—directly contradicting a letter dated Saturday Trump sent to Bannon claiming he would waive executive privilege so Bannon could testify before the committee—and disputing other claims made by Bannon’s attorneys.

Bannon was charged in November with two counts of criminal contempt of Congress charges after he claimed Trump’s order of executive privilege, a legal doctrine which allows presidents to keep some internal communications secret, prevented him from testifying before the committee.

The motion comes one day after Bannon’s attorney, Robert J. Costello, sent a letter—obtained by Forbes—to the January 6 committee saying Bannon “is willing to, and indeed prefers,” to testify at a public hearing.

In Trump’s letter to Bannon, also viewed by Forbes, he would be willing to waive executive privilege because of “how unfairly you and others have been treated.”

Prosecutors argued in the motion that Bannon’s “eleventh hour assertion” that he is willing to testify before the committee should be excluded from his upcoming trial.

Costello did not immediately respond to a request for comment from Forbes.

What To Watch For

Bannon’s trial is scheduled to begin July 18, though another attorney for Bannon, David Schoen, has asked the judge to postpone the trial due to January 6 hearings scheduled for the next few weeks. It’s unclear how the trial will proceed if he testifies to the committee.

Key Background

Bannon, 68, was subpoenaed by the committee in September over his alleged connection to the Capitol riot by backing Trump’s unfounded claims of voter fraud and meeting with other Trump allies in the week leading up to the attack. Bannon refused to comply with the subpoena, arguing he could not testify before Congress because Trump invoked executive privilege—even though he was not a member of the Trump Administration on January 6. The House of Representatives voted to hold Bannon in contempt in October, and he was indicted on criminal contempt of Congress charges following his failure to appear for a deposition and hand over documents to the committee. Bannon has pleaded not guilty to the charges.

Crucial Quote

“The Defendant’s timing suggests that the only thing that has really changed since he refused to comply with the subpoena in October 2021 is that he is finally about to face the consequences of his decision to default,” prosecutors wrote in the filing. “All of the above-described circumstances suggest the Defendant’s sudden wish to testify is not a genuine effort to meet his obligations but a last-ditch attempt to avoid accountability.”

Further Reading

Jan. 6 Committee Expects Testimony From Steve Bannon, Rep. Lofgren Says (Forbes)

Judge Rejects Steve Bannon’s Motion To Toss Contempt Of Congress Charges (Forbes)

Bannon Pleads Not Guilty To Contempt Of Congress (Forbes)