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Executive privilege. so is he defying a congressional subpoena? >> reporter: he sure is. and bannon's attorney has made it clear bannon is defying the committee at the direction of former president trump, who doesn't want any of his former aides to cooperate, citing executive privilege. even though bannon would be asked about things that happened long after he left the white house. he almost certainly will face a contempt of congress citation, and it could result in up to a year in jail. >> jon, thank you. tonight, the release of body camera footage raising some concerns. the man, a parapleg...

Doesn't necessarily change things. is that something you heard? how did you interpret it? >> ongoing theme. to be clear bannon had a fondness for donald trump but can't say -- almost paternal role to donald trump. >> like he saw himself above -- >> one of the first things -- saw himself in control of donald trump or the situation. >> interesting. >> consistent theme that donald -- the president, called him donald or mr. trump occasionally -- doesn't have the patience to go through details. laughed about how donald trump thought john bolton's mustache was unattractive. those things were absolut...

Started out talking about -- they were building the cabinet together. and one of the things they started talking about, imminent subject right then, rudy giuliani and his disappointment over not being named secretary of state. ailes is so funny, you know what, sort of casual, just tell rudy, get him photographed once or twice coming out of air force one and rudy is all good. then started talking about john -- >> sorry, other questions to talk to you about. roger ailes says i wouldn't give donald too much to think about. bannon says too much, too little doesn't necessarily change things. is tha...

Posed as steve bannon is really not a surprise. breitbart front and center on their page today is continuing to do the same thing. they are -- they're pushing the mcconnell contradiction story. they're pushing that president trump flip-flopped with regard to afghanistan. they're continuing to do what they're going to do. the story just shows that. >> are you concerned, though, if you read the story, i feel like, maybe somebody can tell me they read it differently, to me, it's clear bannon has been trash talking the white house to the editor based on what he was sharing to who he thought was ba...

Side talking about issues like trade. these are just policy disagreements. it's clear bannon was not at the white house press conference today and the more digging and phone calls we made, it was pretty clear that was not the whole story. >> brass tax politics here. steve bannon is important to the base, especially that new nationalist wing. it could be argued a president at 35% as reached the hard deck, is at his base so you don't remove steve bannon, but if these reports are true that jared kushner is saying that he prompts the president to go to his worst impulses, is this a stop gap measur...