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Plausibly invoked when you testify to congress. not so much when you're testifying before robert mueller. mueller is the investigation that matters for all the sort of drama we have each week of someone testifying or not testifying to the house and senate. >> you want to get a last word since i picked on you? >> executive privilege -- [ laughter ] >> executive privilege -- >> and you me. >> it's good to hear -- >> executive privilege doesn't apply even in the executive branch if they're investigating malfeasance by the chief executive. >> peter alexander, thank you so much for starting us off....

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 doesn't 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

Significant amounts of time, you know, litigating, discussing, arguing whether this claim of executive privilege makes any sense in a legal context. that will take time. yeah, it's a really puzzling thing. >> so obviously, the reporting, he's been subpoenaed by mueller but do you have any power to force him to come back and actually answer questions in front of the committee? >> sure we do. you know, ultimately if the chairman of the committee, of the investigative committee, mike conaway at this point, makes a determination that this expansive, this incredibly expansive claim of executive pri...

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 advic...

Questions for a period of time where no privilege attached. if he does that with mueller, it will be a brick in the wall of obstruction again. it will be another factor he takes into account with respect to the white house's behavior. >> you don't rule -- >> it makes no sense what they did on the hill yesterday because now he's under subpoena and going to come back and they are going to ask these questions. if he refuses, they can take him to court and compel him to answer these questions under penalty of contempt and he can be jailed for that. >> and a judge will specify very clearly, look, t...