Steve Bannon's message to J6 committee is a 'Hail Mary pass': ex-FBI official

After reports that Steve Bannon might back down and testify before the Jan 6 select committee, his legal strategy was panned by two experts on CNN.

"Donald Trump is considering waiving executive privilege for Steve Bannon, according to two sources familiar with the situation, but federal prosecutors don’t believe the former President’s privilege claims shielded his longtime political adviser in the first place," CNN reported. "Trump, sources told CNN, might pen a letter memorializing his position that could be used in Bannon’s defense, which they say could clear a path for Bannon to testify before the House select committee investigating the January 6, 2021, insurrection."

For analysis, CNN's Anderson Cooper interviewed former FBI Deputy Director Andrew McCabe and legal analyst Jeffrey Toobin.

"What do you make of this source telling CNN the former president, Trump, is considering signing a letter waving his executive privilege claims for Steve Bannon?" Cooper asked. "Steve Bannon was not a White House official at that point. What magic executive privilege claims is he actually under? Does that make any sense to you?"

"I'm going to go out on a limb here and say this whole thing is a joke," Toobin replied. "I mean, Steve Bannon is under criminal contempt prosecution for failing to answer subpoenas that he did not answer. That's a criminal charge from the Justice Department. That is done. If he wants to testify now, God bless, but his criminal case is about failure to testify in the past."

"This sounds like a last-ditch effort for Bannon to throw sand in the gears and say maybe I will testify, maybe there will be a waiver of privilege," he continued. "The whole thing seems like Steve Bannon trying to yank the committee's chain and it's not even up to the committee anymore, this is a charge from the Justice Department and they are the ones that have to decide whether to go forward with this case. There's a trial date, he's going to court, I think some letter that Donald Trump may or may not write is utterly irrelevant."

"This is a Hail Mary pass," McCabe interjected.

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