UPDATE: The Justice Department said in a new court filing that Trump's attorney told the FBI on June 29 'that the former President never invoked executive privilege' in relation to Bannon
In the letter, Trump recounted how he had invoked executive privilege when Bannon first received his subpoena from the committee.
However, he said he decided to reverse his stance after watching "how unfairly" Bannon and others had been treated, "having to spend vast amounts of money on legal fees, and all of the trauma you must be going through for the love of your Country." If a time and place could be agreed upon for testimony, Trump wrote that he would waive executive privilege, "which allows for you to go in and testify truthfully and fairly, as per the request of the Unselect Committee of political Thugs and Hacks.", who chairs the Jan. 6 committee, a lawyer for Bannon wrote that his client would be willing to testify and would prefer to do so at a public hearing.
"Mr. Bannon has not had a change of posture or of heart," Robert Costello wrote, but he noted that "circumstances have now changed," in reference to Trump's decision to waive executive privilege.
Any evidence or argument "relating to his eleventh-hour efforts should, therefore, be excluded at trial," the motion added.
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