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Trump considering waiving executive privilege claim for Bannon but prosecutors say he was never shielded

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By Zachary Cohen and Sara Murray, CNN

Donald Trump is considering waiving executive privilege for Steve Bannon, according to two sources familiar with the situation, but federal prosecutors don’t believe the former President’s privilege claims shielded his longtime political adviser in the first place.

Trump, sources told CNN, might pen a letter memorializing his position that could be used in Bannon’s defense, which they say could clear a path for Bannon to testify before the House select committee investigating the January 6, 2021 insurrection.

The Washington Post first reported Trump is considering writing the letter.

Bannon is set to go on trial later this month on criminal contempt charges after he refused to cooperate with the House panel, citing broad executive privilege claims.

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

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

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

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