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Invoking letters from a lawyer from trump instructing him not to apply. this is plainly a situation where steve bannon and the rest of the trump team is doing everything they can to stall, delay, to obstruct this january 6th committee and the committee's had enough of it and that's why they're moving toward criminal contempt proceedings that are likely to clear the house and then the house is what does justice department do about it? >> that is a good question. the committee is saying bannon's own public words are damning and have nothing to do with executive privilege. it says "statements pub...

Counsel. here, even if there was an exchange of information, there's not an automatic assignment of privilege. i remind, everyone, of course, that the holder of the executive privilege is the holder of the office, the president of the united states. there is some argument to be made about how successor presidents could notably try to enforce, here this one is not inclined to do so because there seems to be the allegations of course of dereliction of duty, of behavior that is not constitutional or not in the interest of executive branch. so all these things go to show you that he does not have ...

Checks with the current and former president to see what to do. the former president says executive privilege. the current says it doesn't apply. the legal question is how much authority does a former president have to assert executive privilege. we know he has some because president nixon established that back in 1977, but we know it's diminished when the current office holder says it doesn't apply. the lawsuit makes a separate claim that congress has no right to get this stuff in the first place. this is an argument that congress can only get information to legislate, not to investigate. thi...

Privilege, am i correct? >> correct. and of course even if there were a valid privilege that he wanted to assert, if he made the information public, he loses the ability to assert the privilege. imagine if it was an attorney/client privilege where it would be preserved and you could not be able to disclose it. however, if you go out go out and say things, you can now put the jeannie back in the bottle. even more so, you can't just assert as a get out of subpoena free card. you have to actually still show up. you could choose to try to argue that you have a valid privilege that allows you to no...

>> that's exactly what they're saying, as laura just indicated. they're not invoking executive privilege in support of their predecessor. and the white house spokesman put out a very blunt statement tonight saying that president trump abused his power in an incidents that posed an existential threat to democracy. what it shows you is that even though the biden administration has been concerned from the beginning about not appearing to be politically vengeful against president trump, joe biden's tried to bring the country together and turn down the partisan temperature. when we get down to the ...