Former President Donald Trump is considering sending a letter to Stephen K. Bannon saying that he is waiving his claim of executive privilege, potentially clearing the way for his former chief strategist to testify before the House select committee investigating the pro-Trump riot at the Capitol.
The letter would reiterate that Trump invoked executive privilege in September 2021, when Bannon was first subpoenaed by the House committee. But it would say that the former president is now willing to give up that claim — which has been disputed — if Bannon can reach an agreement on the terms of an appearance before the panel. The letter was described by three people familiar with it, who spoke on the condition of anonymity because of the matter’s sensitivity.
Bannon was charged with contempt of Congress in November 2021 for refusing to comply with the subpoena. A trial on those charges is scheduled to begin July 18, though Bannon has sought to delay the proceedings.
The committee has argued that claims of executive privilege are not valid for Bannon, who was a private citizen at the time of Jan. 6, 2021. The committee has also said that Bannon, an outspoken advocate of false claims that the 2020 election was stolen, was required to respond to the subpoena in some way — citing claims of privilege on a question-by-question basis instead of by refusing to respond.
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