The How and Why of Invoking Executive Privilege

William Banks, a constitutional law scholar and founding director of the Institute for National Security and Counterterrorism at Syracuse University, 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 Syracuse University College of Law and the Maxwell School of Public Policy at Syracuse. Banks has also served as a Special Counsel to the US Senate Judiciary Committee and as Editor-in-Chief of the Journal of National Security Law & Policy.

Professor Banks is available to speak to media on this issue. Please contact Ellen James Mbuqe, director of news and PR at Syracuse University, at ejmbuqe@syr.edu or 315.443.1897 or Keith Kobland, media manager at Syracuse University, at kkobland@syr.edu or 315.443.9038.