saying that they will not exert executive privilege over both some of the witnesses and some of the documents. >> executive privilege cannot be used to cover up wrongdoing, right? >> it can't be used as a -- no privileges can be used to advance crime. it is known as the crime fraud exception. what could be a bigger fraud than the big lie that the election was stolen and there is other absurdities in this letter. bannon's lawyer says that executive privilege applies to a conversation, conversations bannon had with trump, years after bannon left the government. the letter says that the attorney/client privilege applies, but bannon's not a lawyer. so these kind of make weight arguments worked when trump was in the white house because bill barr was not going to prosecute criminal contempt. they're not going to work now. >> what does that look like, the prosecution of criminal contempt? clearly congress, democrats mostly, relying on the justice