Portal:United States House of Representatives/Select Committee to Investigate the January 6th Attack on the United States Capitol

“ Costello's, quote, "letter relies on an apparent instruction from former President Donald Trump that appears limited to requesting that Mr. Bannon not disclose privileged information. Despite this limited instruction, your letter takes the inappropriate position that Mr. Bannon will not comply with any request for information or testimony sought by the select committee. Moreover, Mr. Trump's stated 'intention to assert those executive privileges' that may or may not belong to him does not provide a legal basis for Mr. Bannon's refusal to comply with the subpoena," close quote. ”

“ In sum and substance, the letter states that Mr. Bannon is, quote, "legally unable to comply with your subpoena requests for documents and testimony," close quote, because President Trump's attorney informed Mr. Costello by letter, dated October 6, 2021, that President Trump is invoking executive privilege, quote, "to the fullest extent permitted by law," close quote, and instructing Mr. Bannon not to provide documents or testimony, quote, "concerning privileged material," close quote, in response to the select committee's subpoena. ”

“ In particular, the letter cites the following sentence from the court's opinion, quote: "The President can certainly identify sensitive information that he deems subject to executive privilege, and his doing so gives rise to a legal duty on the part of the aide to invoke the privilege on the President's behalf when, in the course of his testimony, he is asked a question that would require disclosure of that information," close quote. ”