Mr. Bannon who answered plenty of questions refusing to answer questions today to congress. That is according to the lawmaker who was in the room whom i will talk to in a moment. Can steve bannon do that legally . We will find out when word of the development hit this afternoon, press secretary said his testimony uncooperative enough to earn him a subpoena from the panel. Bannon also got subpoenaed from special counsel mueller making him the first known member of president s past or present inner circle to get a subpoena. We begin with what he is saying, what he is not saying, and manu raju joins us from the capital. Talk to me about what has been going on. Reporter well this has been a rather contentious affair, after about 90 minutes this morning in when he was talking about his role during the campaign, he was asked about the transition period after the President Trump won the election last november. At that point his lawyer interjected and would not answer questions about what happened. He said he was not going to do that because of presumably this could interfere with executive privilege. He would not talk about his time as the chief strategist in the trump white house. This was enough to get push back from both republicans and democr democrats on the committee. He was hit with a subpoena after that on the spot to compel him to testimony. Mike conway spoke to us and said that subpoena is going to remain in effect. The committee is recessing and will revisit this issue at a later date to compel him to provide this information going forward. In addition he also downplayed his comments to Michael Wolff and would not talk about his time in the white house. Special Counsel Robert Mueller has subpoenaed bannon as well to appear before a federal grand jury. Reporter confirmed that he was hit with a subpoena. He told the committee that mueller has asked him to testify before the grand jury. And that appears to be something that he will likely to do. And the questions also who told him to insert executive privilege. The white house today not saying whether or not they are the ones to in fact not to disclose. Thanks. I spoke with the member of intelligent committee, jim hines of connecticut. Was he cooperative . Well, steve bannon and his attorney asserted a remarkably broad definition of executive privilege. Remember, the president who has the executive privilege and they went back and con fermed with the white house and the white house said anything that happened, any communication that happened during the white house were off limits. There were an awful lot of questions we werent able to answer based on this novel theory of executive privilege. First of all, can someone claim executive privilege for things that happened before President Trump became president. Again, i think this will probably keep the lawyers busy but i have never heard of an example where executive privilege claimed for a president elect. And between two people who dont include the president. And this raises issues whether we will get straight answers from anybody who is or was associated with the administration or is associated with the transition. So he is claiming executive privilege not for conversations just between him and the president but between him and Jared Kushner and ivanka trump or anybody in the white house. That is the claim. Between people who are not the president can be protected is something that is going to be disputed. Past president s have waived executive privilege whenever there was the possibility of criminal wrongdoing. Here we see from a president who says there is absolutely nothing there, probably the most expansive claim of executive privilege what amounts essentially to a gag order than i think we have ever seen. Did the committee serve bannon during the meeting . That is correct and it didnt make any difference in the end. Witnesses appear voluntarily has given witnesses slack not to answer. So in an effort to remove that slack, if you will, a subpoena was served. But that didnt make any difference. Bannons attorney, did he tell he said up front, that any questions that pertain to those periods of time transition or Steve Bannons time in the white house would be off limits which again, led to as you might imagine all sorts of discussion and argument within the committee today. Today the White House Press secretary saying the white house encouraged people to cooperate with investigation. I dont understand how you square that when they reportedly tell bannon not to talk about his time even in the transition. You dont. Also no squaring the fact that the president is adamant that these investigations be wrapped up as soon as possible. We are going to spend significant amounts of time litigating arguing whether this executive privilege makes any sense at all in a legal context. It is a puzzling thing. The reporting that he has been subpoenaed by mueller, but do you have any power to force him to come back and answer questions in front of the committee . Sure we do. Ultimately if the chairman of the committee, of the investigative committee, conway makes a determination that this expansive claim of executive privilege doesnt apply, steve b bannon if he continues not to answer questions, puts himself at risk of con attemtempt of co. Do you think it was bipartisan. No, there was a great deal of c con sternation on both sides of the aisle. Of course and i am glad to say that members of both parties really pushed back hard against this unprecedented claim. What looks like a gag order. And just finally, if steve bannon who has given lots of interviews on camera and certainly to michael wolf and others, what was he willing to talk about . You raise a good point there, it wont surprise you to hear the fun detail that there was more than one copy of the book in the room and in that steve bannon was expansive on things he said and other things he said during those periods of time. And there he was saying no i wont answer those questions because i have been asked by the white house not to. Thank you for your time. Thank you. Even though some of the conversations he is refusing to testify were not even with the chief executive present and some of those took place before the transition. The question is, is that legal it do that to claim that in those circumstances and how could someone who had so much to say to Michael Wolff. The storming of the presidency also carrie cordero. Can bannon. He certainly can assert executive privilege or say that the president has asserted executive privilege in his time in the white house. But it is a novel articulation of executive privilege to assert it during the transition. There is only one executive at a time. And the president is not the president until the inauguration and he assumes office. So it is a novel and untested theory that they are putting forth here. And what about between him and conversations with other people in the white house with the chief executive not being there . That is a little more broad. They can make an argument that there are privilege executive Branch Communications that are deliberative that might involve giving advice to the president. Squishy than direct conversations with the president. But it is more legitimate than the claim there is privilege over the transition communication. Given how on the outs the president and bannon are right now, does it surprise you . No it doesnt. And there is a misperception that because bannon was publicly humiliated by trump he is looking for some sort of revenge. I spoke with two people today familiar with bannons mindset going into this testimony who said to me this claim of executive privilege was meant to demonstrate bannons loyalty to President Trump. So it was meant to demonstrate loyalty. So it is sort of like an olive branch essentially. Exactly. Bannons larger goal, i am sure he would like to avoid getting charged with contempt of congress, but in the near term what he wants to do is get back into trumps good graces. One way i believe he go do that is by telling the white house the line of executive privilege. Also ahead in the hour, how team trump is reacting, facing the Government Shutdown and the continuing smoke screen. And how the questions by jim acosta was a conversation ender today. 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It wont surprise you to hear the fun detail that there was more than one copy of the recent book fire and fury in the room. And in that steve bannon was expansive during what he said at the time and there he was i wont answer those questions because i was asked by the white house to not to. Is it possible that muellers subpoena was issue because of what he said in the book . I kind of doubt it, anderson, i dont think the special counsels team is chasing what they are reading. And they probably knew that they wanted to speak with a whole list of white house officials and former officials steve bannon being one of them. The timing of it may be tied to the book and the reaction of the book. The publication of the book, the subsequent reaction and the fact that steve bannon left the white house. And that might have changed the timing of it. The congressman just said the House Committee was just looking at the book and deciding what to ask as far as questions. I dont think at all that is what the special counsel team is doing. He wasnt in the room for the trump tower meeting. Could he have second hand knowledge, i suppose he could based on conversations he had with other people. I had in my book, i mean he was still in the white house when comey was fire. I have a quote from bannon telling trump you cant fire the fbi. Bannon certainly has knowledge that would pertain to some of the issues that mueller is looking at. What i am not sure he does is in what he told wolff. More of a bannon opinion than a legal diagnosis and also, he wasnt yet in the campaign at the time the meeting happened. So it is not clear to me, never clear to me whether this is bannon asserting what he believes to have happened or stating what he knows to have happened. Carrie, i have seen some reports that one of the reason that muellers team subpoenaed bannon as an investigative ploy. To have him speak to staffers more privately. I think it might work differently than that. I have seen that suggestion that this is a negotiation to get him to talk voluntarily. It could be different. A couple of variations that are also plausible is that one they offered him to talk voluntarily and sometimes a witness, if they are concerned about reaction, in this case, he might want a subpoena because he might say, look, i am compelled. I have to testify. I am not saying necessarily that is the case but it is a possibility. Another possibility is that bannon and his lawyer said he was going to assert privilege or the special counsels office had reason to think that he was going to be asserting all different sorts of executive privileges in his interview and they use the subpoena to head it off and make it a mandatory compulsory appearance. The third factor for the special counsel is that when he goes in the grand jury, he doesnt have his lawyer present. So talking to mueller, he cannot assert executive privilege, he has to answer the question you are saying. Well he is in front of a grand jury, more compulsory. So he can play less games with it and the lawyers can play less games with it than they can with congress. Thanks. The other drama, the looming Government Shutdown. Immigration, someone is lying and we are keeping them honest, ahead. Hold together. A little to the left. 1, 2, 3, push easy easy easy horn honking alright alright weve all got places to go weve all got places to go Washington Crossing the delaware turnpike . Surprising. Whats not surprising . How much money sean saved by switching to geico. Big man with a horn. Fifteen minutes could save you fifteen percent or more. With its historical ance records. Test. You could learn youre from ireland. Donegal, ireland. And your ancestor was a fisherman. With blue eyes. Just like you. Begin your journey at ancestry. 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And here is what happened when i tried to ask the president that in the oval office today. Reporter mr. Spread dpresid you say you wanted more people to come in from norway . Everywhere. Reporter just caucasians or other parts of the world . Jim, thank you. Reporter and i dont know if you saw that, the president of the United States in the oval office ordered me out, ordered the press out and eventually we will go. But to have the President Point at you and say you are out goes beyond what the president should be doing in the oval office. The other thing that caught my eye as the day went on, is we were escorted into the roosevelt room. And we tried to ask more questions about these remarks that the president made last week and on that occasion, it was startling because two press aides for the president stood right up in front of me and started shouting so loudly that i couldnt ask my question for the president. They blocked his view of me and blocked anything that i could be saying trying to shout me down. So it was another episode here at the white house that reminds you at times it doesnt feel like you are covering the president of the United States. You feel like you are covering the president of some other country that is less democratic than this one. Sarah Huckabee Sanders said she i mean, are these people lying . Because it seems like what cotton and others came out this week, difference between the word house and hole. Exactly. As if there is a difference. I would remind people that there is plenty of indoor plumbing in africa. What sarra saying told senator tim scott that is exactly what happened. So the white house is choosing to rely on the word senators cotton and purdue and not from graham or durbin. Senators who were invited to the white house to try to craft a way out of this impasse. They can filibuster, they can move onto the next question, go around us. At one point Sarah Sanders describing the remarks. That is not going against political correctness, that is being discriminatory against people coming from those countries. The leads jack tapper walking to a setup. We call him two days later and say they have done it. We met your criteria. We are ready to go. And then to be called into the president s office and find that we have been sandbagged. General kelly and steve miller invited five other members of congress who are no the in favor of Immigration Reform and they were there to refute any assertions we made that this was a good policy. So you ask me where we are today, i will