Over the weekend there was somewhat perplexing news that former President Trump was “withdrawing” his claims of executive privilege with regards to Steve Bannon’s potential testimony to the January 6th committee. Readers may recall that Bannon did not agree to talk to the committee upon receiving a subpoena, claiming he was under executive privilege to the former President, who confirmed it. His story was so much baloney, as he wasn’t employed by the government or by Trump personally at the time under discussion. The committee set in motion the wheels to send a note to the DoJ suggesting a crime had been committed, and the DoJ chose to indict Bannon. His trial is coming up. [Update: it’s in a week or so.]
The news that Trump was withdrawing his claim of executive privilege was met by guffaws from the center and left wing punditage, but I think it’s worth understanding the maneuver a bit more deeply. First, I suspect Bannon is unwilling to spend time in prison for contempt of Congress, and he hopes that, by finally agreeing, that can be avoided; I’ve already seen speculation that it won’t work.
Second, I rather think that Bannon informed Trump of his decision. At this juncture, the appearance-conscious former President, who is not entirely unjustified for concerning himself with appearances, realized that a trial ending in Bannon’s conviction would make Trump look weak; Bannon testifying to the existentially dangerous January 6th investigatory committee, despite Trump’s claims of non-existent executive privilege, would also make him look weak, maybe even weaker.
Caught in a squeeze play of his own making, and facing an unforgiving reality, Trump decided to go with the least-weak, most-puzzling move available: he “gave” Bannon the freedom to testify.
And he can continue to beat his chest and claim to be strong.
