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Media, Law & Policy

The How and Why of Invoking Executive Privilege

Thursday, January 18, 2018, By Sawyer Kamman
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, a constitutional law scholar and founding director of the  at ºÚÁϲ»´òìÈ, is available to discuss the issues of invoking executive privilege as former chief White House political strategist Steve Bannon did before the House Intelligence Committee.

“My view is that executive privilege is a red herring in Bannon’s situation,” says Banks. “More problematic is whether Bannon testifies to the House or Senate with a grant of immunity from one or both. Then Special Counsel Robert Mueller may have problems obtaining a conviction because they can’t use any immunized testimony. Mueller is likely working with committee staff to try to prevent that. Same with Flynn and the others. Privilege may come up if and when Mueller gets to the President.”

“In theory, Bannon can use his prior position in the White House as a basis for exercising the privilege, but he is cooperating in some way with Mueller, so he can’t compromise that arrangement,” says Banks.

A highly regarded and internationally recognized scholar, Banks has served as a faculty member at  and the  at ºÚÁϲ»´òìÈ. Banks has also served as a Special Counsel to the US Senate Judiciary Committee and as Editor-in-Chief of the .

Professor Banks is available to speak to media on this issue. Please contact Ellen James Mbuqe, director of news and PR at ºÚÁϲ»´òìÈ, at ejmbuqe@syr.eduÌý´Ç°ùÌý315.443.1897Ìý´Ç°ùÌýKeith Kobland, media manager at ºÚÁϲ»´òìÈ, at kkobland@syr.eduÌý´Ç°ùÌý315.443.9038.

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