I was wondering why Donald Trump would waive Bannon's executive privilege in reference the the Jan 6th committees investigations. It doesn't seem like it would be in HIS best interest, especially if executive privilege truly could block Bannon from testifying/turning over documents etc. I know Trump said that it was in the country's best interest, but I find it hard to believe that is the reason why. If this was the only thing stopping Bannon from testifying, then from Trump's perspective, wouldn't it make more sense to impede the investigation as much as possible?

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    I’m voting to close this question because there is no legal question being asked, so is probably better suited over at PoliticsSE
    – user35069
    Commented Jul 20, 2022 at 13:54
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    Did Trump previously invoke executive privilege in relation to Bannon / these matters? Did Trump have a right to invoke executive privilege in relation to Bannon / these matters? See e.g. lawfareblog.com/…
    – Lag
    Commented Jul 20, 2022 at 14:17
  • What Trump believes, or what his best strategy might be are not matters of LAW. Indeed why he (or anyone) has taken any particular action is a matter of opinion except where he has announced his reasons. What the limits of Executive Privilege are, and how far a former president can assert RP is a matter not fully settled by the courts, although Thompson seems to narrow the outstanding issues significantly. It might well be that any attempted claim of EP by Trump in this matter would fail. Commented Jul 20, 2022 at 16:00

1 Answer 1


Donald Trump did not waive executive privilege: it was denied to him.

In Trump Loses Big on Executive Privilege (Thursday, January 20, 2022) the Lawfare Institute says

The Supreme Court Wednesday evening denied a motion by former President Trump to block the National Archive from turning White House materials to the House Select Committee on the January 6 Attack. The peculiar, four-page order, is a complicated document, but in combination with the broad and underdiscussed D.C. Circuit opinion it leaves in place, it has profound implications for Trump’s ability, and that of his allies, to make executive privilege claims in response to demands for testimony and information from the committee.

On its face, the Supreme Court’s order yesterday appears to mitigate the consequences for Trump of a D.C. Circuit opinion that rejects a number of his key claims in resisting the committee. The D.C. Circuit opinion has been hanging around since early last month with little notice or discussion—probably because the Supreme Court was poised to jump in any time. But in fact, the Supreme Court action does not mitigate the matter for Trump.

Put simply, the former president, whether he knows it or not, is now in a dramatically weaker position than he was only recently with respect to the committee. The new legal landscape, for example, almost certainly means that two top Trump officials—former White House Chief of Staff Mark Meadow and former top adviser Steve Bannon—can no longer argue that the privilege prevents them from cooperating with the committee. The same applies to other potential witnesses, and to the former president himself, should the committee seek his testimony. All, of course, may well continue to resist anyway—but if so, they proceed at much greater risk to themselves.

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