nbc news has confirmed he s currently in custody and is set to make his first appearance in federal court just a few minutes from now. let us get to it. joining me now is nbc news nas political reporter sahil kapur, host of the beat ari melber and barbara mcquaid. pete, i want to begin with you. this is a bit tricky territory for the d.o.j., is it not? reporter: well, it didn t seem to be in his case, in the steve bannon case, though it took the justice department almost twice as long to decide whether to pull the trigger on peter navarro on two counts, one for refusing to give documents to the committee and secondly for refusing to show up and answer questions in person to the committee. he said to an e-mail in the committee that he was powerless to act here because of the executive privilege claim by president trump. one of the problems for him, it seems to me, is that six days before he sent that e-mail, the supreme court rejected president trump s legal appeal in the
overturn the election that undergirded the activities of that day. liz cheney talked publicly about wanting to emphasize the role of then president trump and trying to pressure the justice department to use claims of voter fraud that were unsubstantiated, if not wholly fabricated as a way to stay in power, even though he lost. it will be a mix of material that is already known, i m told, but also unseen material woven together to create a coherent set of events about what happened in the minute to minute and why this happened. the how and the why will be crucial with those members you see on the screen right now telling that story next week, katy. michael, what do you know? he is a conservative lawyer, very prominent, retired judge from the fourth circuit court of appeals. he s not only an expert witness but a fact witness. when mike pence was trying to
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