In sum and substance, the letter states that Mr. Bannon is, quote, "legally unable to comply with your subpoena requests for documents and testimony," close quote, because President Trump's attorney informed Mr. Costello by letter, dated October 6, 2021, that President Trump is invoking executive privilege, quote, "to the fullest extent permitted by law," close quote, and instructing Mr. Bannon not to provide documents or testimony, quote, "concerning privileged material," close quote, in response to the select committee's subpoena.
I will mark as exhibit 4 and enter into the record a letter that Chairman Thompson sent to Mr. Costello in response on October 8, 2021.
[Bannon Exhibit No. 4
Was marked for identification.]
And I'll take a brief pause to recognize that Mr. Schiff has joined us. Turning back to the letter that Chairman Thompson sent on October 8th, in sum and substance, the response states that Mr. Costello's, quote, "letter relies on an apparent instruction from former President Donald Trump that appears limited to requesting that Mr. Bannon not disclose privileged information. Despite this limited instruction, your letter takes the inappropriate position that Mr. Bannon will not comply with any request for information or testimony sought by the select committee. Moreover, Mr. Trump's stated 'intention to assert those executive privileges' that may or may not belong to him does not provide a legal basis for Mr. Bannon's refusal to comply with the subpoena," close quote.
The letter states the select committee's expectation that Mr. Bannon would appear today for the deposition and respond fully to the select committee's questions and to state for the record any objections to particular questions for the select committee's consideration and possible judicial review.
