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Trump plans to waive executive privilege for Bannon, though prosecutors say his former adviser was never protected

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Trump, sources tell CNN, could write a letter commemorating his stance that could be used in Bannon’s defense, which they say could pave the way for Bannon to testify before the House Select Committee set up to investigate. on the uprising of January 6, 2021.

The Washington Post first reported that Trump was considering writing the letter. result from the landmark Congressional investigation. He pleaded not guilty to the contempt charges.

Even if Bannon agrees to testify before the committee, it’s not an appeal in a criminal contempt of Congress case, so it’s still unclear what impact it would have on his upcoming trial.

Bannon and several other conservatives tried to fight the select committee’s subpoenas in court, but their arguments were repeatedly rejected by federal judges.

Legal experts have said Bannon’s privilege claims are shaky in part because he left his role in the White House years before the attack on the US Capitol. “There’s no executive privilege. It’s a ploy to spoil his criminal case,” CNN analyst Norm Eisen said.

The Justice Department also did not buy Bannon’s privilege claims and indicted him last year.

Last month, DC District Court Judge Carl Nichols denied Bannon’s motion to dismiss the case against him, including his arguments that the House Select Committee subpoenas were illegal and that he was protected by presidential secrecy because he had been in contact with Trump at the end of his term.

At trial, Justice Department prosecutors, who received a House referral to prosecute him, will have to prove a relatively narrow case if they are to win a conviction — which Bannon deliberately refused to respond to the congressional inquiry. . He will not be able to argue that he relied on the advice of his lawyer, the judge has already decided.

This story was updated with additional details on Friday.

CNN’s Katelyn Polantz contributed to this report.

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