and you could make an argument, certainly you and rachel talked about this. there is no good legal argument that donald trump can assert executive privilege with steve bannon who was not working in the government at the time. but there is -- it is not clear cut that donald trump has no involvement in an assertion of executive privilege over materials related to him during his presidency. and that's why this particularry -- referral is so important. bannon is not being referred because he's not producing documents subject to executive privilege. bannon is being referred because he didn't show up to testify and there is recent case law in the don mcgahn case that took years to litigate and donald trump was able to delay don mcgahn's testimony because of that but what came out of that is that every witness who subpoenaed by congress must appear to testify. if they want to assert executive
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