not fall within what s normally an executive privilege area. when you re up to no good and misconduct, that isn t something that s protected by executive privilege. that was established in the nixon era when the court finally said there is such a thing as executive privilege. so i think that s what they re going for, don, and, again, i think it s a delay tactic by the republicans, and this is just going to go on for a long time before we get answers. let me follow up on that because you brought it up. you know a lot about executive privilege. i mean if the appeals court if the appeals court rules against trump tomorrow, does that undermine all of the former president his allies who are claiming that they are covered by executive privilege, john dean? no, it would not. in fact, it would be surprising if the court expanded executive privilege to cover former presidents. there has been a very narrow
there like that? is that john dean or john harwood? john dean. sorry about that. two johns here. john dean. i think what they re saying is they believe that there is information that he has in his as we all do today, carry a lot of data with us and that would be valuable to the committee. whether that would fall within executive privilege is a good question. a lot of personal uses made of those phones. a lot of the activities that the january 6th committee is looking at should not fall within what is normally an executive privilege area. when you re up to no good in misconduct, that is something that s protected by executive privilege established in the ni kn nixon era when the court said there is executive privilege. i think that s what they re going for, don, and again, i think it s a delay tactic by the republicans and this is just
it s still good law. we don t have absolute immunity. if you have a privilege that you want to claim, you have to come into the committee and claim it. let s take it out of the executive privilege area and say that you have a fifth amendment right not to incriminate yourself. you have to go in and assert that claim for each question and for all you know, the congress may grant you immunity from prosecution. then you d have to answer the question. you can t just say to the congress, no thank you. that s not what a subpoena is all about. you just heard our reporter note that it is extremely rare for a prosecution of somebody who defied a subpoena. what will you do if attorney general garland decides to take a pass on prosecuting bannon? i ll just say it s extremely rare for a violent mob of 10,000 people to attack the capitol and try and overturn the constitution and the counting of