As usual, what’s going on here is that the Trump team is both wrong and trying to stuff it’s adversaries into a fully ass-backwards procedure. Congress needs to, but probably won’t, press forward with the right procedure to bring the matter to a head in time to do its work.
https://twitter.com/santucci/status/1448426706973433857
Its*
In most cases, you have three valid options when you get a subpoena: you comply fully, you work out an agreement with the issuer where you explain why some things have to be withheld and comply partially, or you get a privilege holder to sue to get the subpoena quashed.
In most cases, you have three valid options when you get a subpoena: you comply fully, you work out an agreement with the issuer where you explain why some things have to be withheld and comply partially, or you get a privilege holder to sue to get the subpoena quashed.
Bannon is trying to carve out a 4th way, writing letters saying that Trump objects so he won’t disclose anything. But Trump hasn’t sued to assert his ‘privilege’ (and may never bc he’ll likely lose). What should happen absent a pending suit is Bannon gets prosecuted for contempt.
That process of seeking a contempt ruling would force Trump to either put up or shut up in court as consequences escalate for his long time outside adviser. But as long as Congress piddles along without doing it, the bizarro procedure Bannon has demanded is effectively in place.
To be clear, Bannon’s way isn’t a plausible route to resolution of anything. It can’t be Congress’s burden to roam the earth trying to sort out unasserted, probably non-existent privilege claims that have been mentioned in private letters.
But it is Congress’s prerogative to control its witnesses and compel them to answer its lawful questions, and that is what it should summon the wherewithal to do.
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