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That in and of itself could be a crime. if he's hiding information at the behest of the president that would be evidence of obstruction. a lot to be sorted out through that lunch statements and i think that probably won't be lunching there again. >> to say the least. they've lost two customers. and the difference between attorney client privilege and if the president exerts executive privilege that's becoming a huge question in this moment as well. >> right. you can't assert executive privilege in the face of a criminal investigation. we've learned that in nixon and mcgahn doesn't have the att...

The scenes to limit the testimony to congressional investigators. are they interfering with the investigation? >> no. especially between branchs as phil said. it's almost a race to leak over on capitol hill. and you don't have that in the executive branch procedure. >> that's not interfering, talking and telling them not to cooperate? that's not -- >> that's a problem. >> look, the executive privilege can be utilized as bannon did with congress. that's not something that i expect him to try to do with robert mueller. he said as much if i remember correctly. i think bannon bigger issue is that ...

Of an audience like a grand jury. that i don't care who you are. that makes a defendant uncomfortable. and uncomfortableness can come across looking like dishonesty. you never want that if you're on the hot seat. >> don't jump out of your chair, john. what do you want to say. >> i'm laughing. it sound like we're inviting him to a tea party. we don't want to be offensive. and bob mull is so concerned about how the dainty mr. bannon will feel about it. as a trial lawyer when someone gets on the stand you make a decision whether this person is a truth teller or a liar. we'll get the "fire and fur...

Communicating. that's kidictated by his personality. >> on fox news tonight whoit house chief of staff was asked if bannon of told by the white house to use executive privilege. he said no and added this. >> steve said very little contact with the white house since he left. i know steve a little bit. not very well. he was left the white house in his head. certainly never returned to the white house. with the exception of a few phone calls, very little contact with the white house. i certainly have never spoke to him since he left. >> very little contact with the white house. are they distancin...