shane is a law professor at ohio state university and has coauthored several books on executive power, and the separation of powers. mr. shane, great to have you here. so as you know, president trump is suing the house select committee. he wants to basically keep his records from his time secret. here are some of the things that his lawyer objected to today, or yesterday. here it is. for example among the myriad of other documents, the committee has asked for all documents or communications relating in any way to remarks made by donald trump or any other persons on january 6th, including donald trump's and other speakers' public remarks at the rally on the morning of january 6th and twitter messages throughout the day. aren't those really the heart of the matter. if he objects to that, those are the very things that the committee is studying? >> well, first of all, it's great to be with you. and yes, it's clear that the point of the lawsuit is to prevent the committee from getting the documents that will shed light the degree to which the former president was or was not involved in instigating the events that occurred on january 6th. it's going to be an up hill climb just as chris was describing for the prior lawsuits because even though former presidents are allowed to offer claims of executive privilege with regard to documents or transcripts or take place from their own administrations, it's not an absolute privilege, it's a qualified privilege. it has to be balanced against other things, and in this case, you know, the complaint says that congress doesn't have a legitimate interest in this investigation. this is an investigation into an attack on their own workplace. there's no court that's going to find that congress has an insufficient interest in investigating the events of the attack. >> one element we have learned just in the last few hours, that steve bannon's attorney has now asked the committee to hold off on this vote on criminal contempt referral that's supposed to happen this evening. they say because of this new filing. they want him to hold off for a week. the committee denied that, but is that a substantiative request or is that just, you know, par for the course delay and try to push this off as far as possible. >> well, you know, i don't have any private access to their thinking, but if you look at the response mr. bannon has made to this lawsuit, and to this investigation the way the former president is acting in the context of the way president trump and his associates have acted with regard to all prior congressional investigations, i would not be surprised if the presumption on the committee's part is that it's just delay. and remember, the committee vote is just one step, the committee can always say to mr. bannon, look, you know, the fact that we're voting today doesn't mean you're going to jail tomorrow. there will be time enough to continue to negotiate, but we're not staying off step one of the ladder just because it might eventually lead to steps two and three. we want to move forward. >> spoking of going to jail. in a real courtroom, don't we sometimes see, i don't think this is just on the courtroom dramas that we watch. don't we sometimes see a noncompliant witness who is held in contempt of court marched off to a jail cell? >> we do see that. what you're talking about witnessing, though, is typically civil content. what mr. bannon is facing is a charge of criminal contempt that would carry -- it would carry criminal punishment. civil contempt ends when either the official session ends or the person decides to provide the information that's being demanded. withholding -- withholding cooperation when you've been subpoenaed to congress is a crime for which you can be punished even after the investigation is over. and it would require a trial. >> all right. the vote is tonight, and we'll see as ryan nobles says, really not too much surprises that are expected from this vote from the committee. peter shaneank you so much for the insight. >> you're very welcome. glad to talk with you. >>> the cdc is eyeing a new method to keep kids in school even if they have been exposed to covid, so we will speak to education secretary miguel cardona about this test to stay program next. with clean, fresh ingredients, panera's new chicken sausage and pepperoni flatbread is a mouthwatering explosion of yes. craft? 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