The Department of Justice revealed in a Monday court filing the FBI has interviewed former President Donald Trump's lawyer, who told investigators that Trump had never invoked executive privilege for his client.
Clark confirmed during a June 29 interview that Trump had never invoked executive privilege for Bannon, contrary to a letter Trump sent to Bannon on Saturday.
In November, Bannon was charged with two counts of criminal contempt of Congress after he claimed Trump's order of executive privilege, which allows presidents to keep some internal communications secret, prevented him from testifying before the committee.
One day after Robert J. Costello sent a letter to the committee saying that he was willing to testify, the motion was filed.
According to Forbes, Trump would be willing to waive executive privilege if he could show how unfairly you and others have been treated.
The prosecutors argued in the motion that the committee should not be involved in the upcoming trial of the man.
Forbes asked for comment from Costello, but he didn't reply immediately.
The trial is scheduled to start on July 18 but another attorney for Bannon, David Schoen, wants the trial to be delayed until January 6. It's not clear how the trial will go if he testifies.
He was subpoenaed by the committee in September over his alleged connection to the Capitol riot by supporting Trump's false claims of voter fraud and meeting with other Trump allies in the week leading up to the attack. Even though he was not a member of the Trump Administration, Bannon argued that he couldn't testify before Congress because of executive privilege. After he failed to appear for a deposition and hand over documents to the committee, he was indicted on criminal contempt of Congress charges. A not guilty plea has been entered by Bannon.
According to the filing, the only thing that has changed since he refused to comply with the subpoena is that he is finally about to face the consequences of his decision. The sudden wish to testify is believed to be a last-ditch attempt to avoid accountability.
The committee expects testimony from Steve Bannon.
The judge rejected the motion to toss the contempt charges.
Not Guilty To Contempt of Congress, Says Bannon.