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Of us on the committee. we have further steps to take and we'll be taking those. >> reporter: fox news confirms late last night, don mcgann explained why executive privilege covers the transition. that was not enough for the committee's ranking democrat who claims bannon's in contempt and his privilege claim is overly broad and unsustainable. >> we cannot permit a situation where the white house is allowed to script self-serving and misleading questions. >> reporter: the democrats' memo about the abuses and when it will be public, the congressman had no comment as he walked away from reporters...

Paid -- it was his operatives with deep connections to the gop. that is just a fact. there is no doubt about that. even what is a quote, unquote fact depends on what side you're on. >> you let the fax feature on political band. one thing is for sure. hillary clinton and the dnc pay millions of dollars to recruit and operative fusion gps for dirt on donald trump. the republicans had paid for -- >> observed party and not connected. i think a judge would hold you both in contempt.

Business associates, his family, there is some sense that the -- the investigation is leaning on him heavily. and there are others who think that the pardoning of former sheriff joe arpaio might have been a sending a message to paul manaforts or michael flynns saying hold tight i'll pardon you if it goes wrong. what do you make of the fact that possibly robert mueller is working with new york attorney general eric schneiderman. >> i think it is a message. i was appalled by the pardon in and of itself. you are forgiving a contempt of court which cannot enforce judicial proceedings if it can't h...

What do you make of the fact that possibly robert mueller is working with new york attorney general eric schneiderman. >> i think it is a message. i was appalled by the pardon in and of itself. you are forgiving a contempt of court which cannot enforce judicial proceedings if it can't hold a witness in contempt or a defendant in contempt. and it was for violating civil rights. it's bad in and of itself. but i heard it definitely as a message, hang tight, don't worry. you may lose the fifth amendment privilege because i'll pardon your original crime. but i'll also pardon you if you refuse to te...

You are forgiving a contempt of court which cannot enforce judicial proceedings if it can't hold a witness in contempt or a defendant in contempt. and it was for violating civil rights. it's bad in and of itself. but i heard it definitely as a message, hang tight, don't worry. you may lose the fifth amendment privilege because i'll pardon your original crime. but i'll also pardon you if you refuse to testify. i think it was a very bad thing. i think it is a very good thing that the state attorney general is now involved because that is something the president cannot obstruct. and he cannot imp...