Biden won't invoke executive privilege on Trump Jan. 6 docs

If Trump were to win a case to block the documents, that would mark a dramatic expansion of the unwritten executive power. But he is expected to have an uphill battle, as courts have traditionally left questions of executive privilege up to the current White House occupant.

The leaders of the Jan. 6 panel, Democratic Rep. Bennie Thompson of Mississippi and Republican Rep. Liz Cheney of Wyoming, said in a statement Friday that “we will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral.”

The committee's subpoenas had set a Thursday deadline for Bannon, Meadows, Patel and a fourth witness, former White House communications aide Dan Scavino, to provide documents. They also set dates for interviews next week. Patel said in a statement that “I can confirm that I have responded to the subpoena in a timely manner” but would not elaborate. A spokesman for the committee declined to comment on whether Scavino was cooperating.

In a Sept. 23 letter to Bannon, the committee said he had been in contact with Trump in the weeks ahead of the attack, urging him to focus his efforts in overturning the election on Jan. 6, when Congress certifies electoral votes. The letter noted that Bannon had been quoted on Jan. 5 as saying “all hell is going to break loose tomorrow.”

Bannon’s lawyer, Robert Costello, said in an Oct. 7 letter to the panel that until the issues over privilege are resolved, “we are unable to respond to your requests for documents and testimony.” Costello wrote that Bannon is prepared to “comply with the directions of the courts” when and if they rule.

Costello's letter includes excerpts from a separate letter to Bannon by Justin Clark, a lawyer for Trump. Clark says documents and testimony provided to the Jan. 6 panel could include information that is “potentially protected from disclosure by executive and other privileges, including among others the presidential communications, deliberative process and attorney client privileges.”

The committee has subpoenaed 13 other individuals connected to the planning of Jan. 6 and set deadlines for documents and interviews later this month.