Executive privilege expert available to discuss Bannon subpoena challenge

Former Trump adviser Steve Bannon has said he won’t comply with a subpoena to appear before the Congressional committee investigating the Jan. 6 attack on the Capitol. The move is setting up a new battle over whether associates of President Trump can claim executive privilege to avoid testifying.

Does executive privilege cover a president after leaving office and would that extend to former associates of the nation’s chief executive? Tulane University legal expert Stephen Griffin is available to speak about what’s at stake as the legal fight unfolds.

According to reports, Trump's attorney plans to argue that the testimony is an infringement of executive privilege.

“But the law doesn't favor him. He's out of office, and they're investigating wrongdoing,” Griffin said. “You can't withhold evidence of criminal wrongdoing from the courts. Therefore, executive privilege doesn't work so well when it comes to a criminal investigation.”

If Bannon follows through, the committee would likely send the issue to the Justice Department for prosecution. “Bannon would come under legal pressure to comply,” Griffin said.

Stephen Griffin is the W.R. Irby Chair and Rutledge C. Clement Jr. Professor in Constitutional Law at Tulane University Law School. To contact him, click below: