The story so far.
Steve Bannon asserted “executive privilege” as a basis for evading a subpoena to testify before the Select House Committee to Investigate the January 6th Attack on the Capitol in September 2021. Congress held Bannon in contempt in October 2021. The Justice Department indicted him in November 2021.
Bannon is scheduled for trial on July 18, 2022.
And now a week before trial, Bannon wants to testify and Donald Trump is purportedly considering waiving privilege so Bannon can testify1.
A few things.
Steve Bannon’s last day of work at the White House was August 18, 2017. That’s 3 years and 77 days before November 3, 2020.
In October 2021, Chairman Bennie Thompson (D-MS) wrote to Steve Bannon's lawyers, “Even if your client had been a senior aide to the President during the time period covered by the contemplated testimony, which he was most assuredly not, he is not permitted by law to the type of immunity you suggest that Mr. Trump has requested he assert.”
And prison is scary.
Trump suddenly stating he might waive non-existent privilege for an ex-employee more than 3 years out from the events in question leads to only two conclusions.
One, Bannon and his attorneys actually think the “I know I robbed a bank, but I am paying back the money with interest, so let’s drop the charges” gambit might work.
Two, Donald Trump, who pardoned Steve Bannon for after he was convicted of wire fraud and money laundering, clearly fears Bannon and what he might testify about once faced with prison time. It is not in Trump’s wheelhouse to help people otherwise.
Unfortunately, the proffered waiver and Bannon’s legal attempt to wriggle out of a conviction for Title 2 U.S.C.A. Section 192 won’t work. And now anything Bannon might say before the January 6th Committee is likely tainted.
https://www.washingtonpost.com/national-security/2022/07/08/bannon-executive-privilege-trump-january-6/