I have only had a chance to scan the indictment quickly, but on first glance, it appears to me carefully crafted to deal with the issues that @jshaub and I flagged in our article yesterday.
lawfareblog.com/why-justice-de…
lawfareblog.com/why-justice-de…
Specifically, note that the indictment does not take issue with any previous DOJ position with respect to the scope of executive privilege.
It does not allege that Bannon could not have had a privileged relationship with Trump because Trump was no longer president, for example.
It also does not contend that Bannon could not have had a privileged relationship with the president because he was a private citizen—though it implies that.
It says only that the failure to appear in response to the subpoena was a willful violation of a lawful order, and that the failure to produce or even provide a log of documents withheld was as well.
If you read this document carefully, alongside @jshaub and my piece, you will see a lot of care and thought that went into crafting the indictment.
That's what took a few weeks, and it was time very well spent.
That's what took a few weeks, and it was time very well spent.
That's all I got--for now.
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