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Breaking news in the contempt trial of steve bannon. pete williams is joining us. what do we know? >> there has been a hiccup this morning. this was supposed to be the day to complete jury selection, but they haven't really gotten around to that yet. right now the hearing or the trial is in recess while the judge considers a request from bannon's lawyers to delay the trial another month. now, this is the reason they have made this request. all along the judge has said that steve bannon cannot argue to the jury, cannot use as one of his defenses that he was relying on an assertion of executive ...

Contempt for his position of contempt. vice chair cheney said something i haven't heard before, that playing at the privilege for bannon and for trump, representative cheney believes, is proof that they had knowledge of what happened before january 6. how so? how is trying to play at the privilege proof that former president trump and/or steve bannon knew what was going to happen? >> well, playing at the privilege in this case doesn't actually fully apply, but it does indicate that there is something that they're trying to hide. look, privilege only applies to elected officials' conversations ...

Vice chair cheney said something i haven't heard before, that playing at the privilege for bannon and for trump, representative cheney believes, is proof that they had knowledge of what happened before january 6. how so? how is trying to play at the privilege proof that former president trump and/or steve bannon knew what was going to happen? >> well, playing at the privilege in this case doesn't actually fully apply, but it does indicate that there is something that they're trying to hide. look, privilege only applies to elected officials' conversations with the president. it's unclear whethe...

I don't think it will take a long period for the justice department to decide. i think they could do that in a matter of days or weeks. >> and there's this olc memo at doj that refuses to bring contempt of charges congress to executive branch officials if they defy congressional subpoenas. but, of course, with steve bannon, it's a little bit of a different case, right? he wasn't in the white house during the time in question, even though he's trying to play the executive privilege card. >> yeah. it doesn't make sense legally. it doesn't make sense factually. it doesn't make a lot of sense opti...