Dershowitz: 'Perfectly Reasonable' for Bannon to Consult With White House on Executive Privilege
Bannon, who was President Trump’s campaign manager and senior policy adviser before falling out with the White House, was served immediate subpoenas Tuesday during his closed-door meeting with lawmakers after Bannon’s attorney said he would not answer some questions.
Dershowitz stressed on "America's Newsroom" that the White House cannot assert executive privilege over matters that happened in the campaign; it can only assert executive privilege on things that occurred after Trump took office.
He added if Bannon was refusing to answer certain questions, then it's reasonable for his lawyer to have coordinated with the White House on the "scope" of executive privilege.
"If the White House won't defend his claim of executive privilege, then he shouldn't be raising it before Congress."
Bannon also struck a deal with Special Counsel Robert Mueller to be interviewed by prosecutors instead of testifying before a grand jury.
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Dershowitz, a Harvard Law School professor emeritus, said he believes President Trump will eventually appear with his lawyers for an interview as well. But he noted that Mueller has "ultimate authority" to subpoena anyone to appear before a grand jury and compel them to testify.
He repeated that he has so far not seen any public evidence of collusion connected to a crime.
"Collusion is not a good thing between a campaign and a foreign power, if it occurred. But you have to point to criminal statutes before you can have a basis for a grand jury investigation," he explained.
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