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Top of the hour here on a tuesday morning. good morning. i'm erica hill. >> i'm shjim sciutto. the house committee veging the january 6th insurrection is looking to hold steve bannon in contempt of congress. >> the panel is going to vote. house investigators overnight released a criminal contempt report saying, quote, there is no reasonable argument that mr. bannon's communication with the president on january 6th are the type of matters on which privilege can be asserted. >> this comes as former president trump is trying to use the executive privilege defense in a new lawsuit against the janu...

>> if the judge green lights don mcgann testifying, would that mean that john bolton would have to testify point blank, and b, how could the white house fight that? >> well, mccann's in a position where he has a double privilege that he can assert. he can say, it's an attorney client communication so it's protected. and also, i'm one of the top advisers to the president. that may be an executive privilege situation. bolton would only have the executive privilege defense to prevent him from testifying. if the judge rules against the attorney client privilege and the executive privilege claim. b...

We should remember legally you don't have to establish a criminal for there to be impeachable offense. ultimately trump has only one direction to go, which is the executive privilege defense. that would be weakened if there was a criminal case going on. in nixon let's remember it was a criminal case. unlikely to happen here with barr head of the justice department. but it doesn't have to be a full charged criminal offense for it to be impeachable. there is evidence here for the impeachment inquiry. >> mark mazeti i want to draw attention to another text. again getting to the military assistanc...

Boundaries each time. that's where you see a dichotomy here. the folks in private sector, his business, his charity, et cetera, don't have the executive privilege defense. they have fewer defenses. they may go to court as well. you can see the investigations move faster into some of those fronts, whereas the investigations directly into his activity that could be covered by executive privilege may be tougher. there's a third lane here, which i think is what the country had in mind last november. the oversight of how they've executed the basic functions of government. the idea that something as...