department s position has been, you can t make us do anything. we will consider that a matter of our own discretion. the justice department has never prosecuted anybody who cites executive privilege. but this is a complicated case because this is a former official of a former president whose exertion of executive privilege has been rejected by the current president. the supreme court said the current president is is influenl in this. we know from the nixon case in 1977 when he sued the archives over this, that a former president has some right to exert executive privilege. when the current president goes the other way, it undercuts them. steve bannon didn t work in the white house for almost three years. it seems to me that the executive privilege on that is very hard to defend. i don t think he has much of a case.