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Be told your executive privilege claim is denied. you don't get to claim it. how is it possible he and donald trump seem not to understand that? >> i think the problem is that they do understand it, joy, but they've learned over the years that playing a delay game with the courts serves their purposes when they're trying to avoid doing something here. that's why congressmen schiff is dead on the money here and why it will be so important if the committee makes a request to the justice department to bring a criminal contempt proceeding, that would actually be a prosecution of bannon for crimina...

Of law, but it's not going to be easy. >> the committee has already extended the deadline so they can continue negotiations they are supposed to be engaging with the committee. how limited are the powers of the department of justice and congress that this type of situation, in this type of situation, and where could we be if we're just waiting months and months -- they could essentially torpedo the committee to some extent by just not complying with this. >> donald trump and the people around him are playing the delay game here. and if we learned collectively any lesson from the last time this...

Movie before the last several years. trump administration was expert at playing the delay game, right? and it works. don mcgahn, we waited two years and we did, but it was after trump left office, right, and long after people really remembered why it was being brought in. >> couple of things there, number one, the parties, political and individual, are just different now. and when you have a republican congress and/or republican president, they're less likely, sadly, to pursue subpoenas. the other thing is that even though some of these legal and criminal proceedings may outlast this committee...

Declaration by the committee in effect that we know how urgent this is. we know that if we don't move immediately we can lose all of the ground here that we have and the time can run out. we heard committee members today saying that they are in some negotiations with some other witnesses but if they get the feeling that those negotiations are just a delay game, they're going to hit them with the criminal contempt also. >> i think there are two pressures on them. one is the legislative clock as you point out and the other thing is the insurrection is still happening. i am in michigan right now....

This key role. as you pointed out, congress moves forward with criminal contempt. the doj would then be responsible for taking on the prosecution, and historically there really hasn't been much success in that, so what do you expect-maker garland to do? >> yeah. there's been no success in terms of charging criminal contempt by the justice department for the past half century. it's been over 50 years since we've seen a justice department actually bring those charges. why is a good question. it's politically fraught. it's a risk thing to do. seen as dangerous but-maker garland has a job to do he...