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it depends on the nature of the instruction. if he is saying to people who are his close policy advisers, i intend to assert executive privilege with respect to some of our conversations, that s his prerogative. if he is telling them in broad gag order terms, don t cooperate, that s not appropriate. so we have to say which it is is. what we found in the bannon testimony, which was problematic to me, was they seemed to be asserting executive privilege for a period of time before they became the executive, that is during the transition. that is what i think has caused delay with hope hicks as they try to work out between white house counsel s office, the extent to which they intend to invoke executive privilege. i was doing a quick westlaw search. there is a recent case where a judge found executive privilege does not extend to transition ....