Steve Bannon’s lawyers are pounding table and throwing it all up against the wall in the latest motion to compel discovery in their client’s contempt of Congress case. Yesterday they made the, umm, interesting argument that the government must disclose internal Justice Department deliberations regarding the decision not to prosecute Mark Meadows and Dan Scavino for refusing to testify to the January 6 Select Committee.

“The discovery sought is material to the preparation of Mr. Bannon’s defense, falls within the Court’s earlier oral Order directing production from the Government, and is believed to constitute Brady/Giglio material,” they insist, apparently with a straight face.

How could prosecutorial deliberations regarding the chief of staff and Trump’s communications flack, who were actually employed in the White House on January 6, 2021, be relevant to, much less discoverable by, a guy who got fired from government service in 2017?

Well, see, if you pretend that there’s no difference between current and former government employees, then it makes complete sense. And if you magically wish away the sentence opining that Meadows is “immune from compelled congressional testimony on matters related to his official responsibilities,” you can pretend that the letters from Trump’s lawyer to Meadows and Bannon instructing them to invoke privilege “to the fullest extent permitted by law” are identical and “executive privilege was invoked with respect to these two men in the...

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