this is what merrick garland said about the decision about whether to prosecute him. >> the department of justice will do what it always does in such circumstances. it will apply the facts and the law and make a decision consistent with the principles of prosecution. >> what do you think will happen? >> yeah, look, i want to say a couple things. first, when he made those comments, don, that was maybe six or eight hours before this case even existed, right? so it would have been irresponsible and inappropriate for him to go further than that. look, i think they're going to take a close look at it, and there's a basis for charging him with a crime. the committee put out a pretty long, detailed report indicating all the ways in which steve bannon, you know, sort of didn't respond to communications and sort of was blowing off the committee. so there's a basis for a charge to say that he willfully violated a subpoena. so we shall see. >> how long do you expect it's going to take the a.g. -- a.g. garland to ultimately make a decision? >> you know, look, i hesitate to impose timing on anybody

merrick garland is looking at a very important, very difficult decision. will he bring charges? on the one hand, it hasn't been done in 38 years. on the other hand, how can he not? steve bannon is sort of the extreme example of defying a subpoena with no excuse. if merrick garland doesn't prosecute this, he's just completely knee-capping the committee and our balance of powers itself. our balance of powers is strong, but it is delicate. if congress shows they are ineffectual to get information about such a key event as january 6th, then where does that really leave congress with respect to the executive branch and a former president? >> listen, elie, bannon tried to claim, you know, executive privilege even though he hasn't worked in the white house since 2017. this is -- i want you to listen to what congresswoman liz cheney has to say about that. >> mr. bannon's and mr. trump's privilege arguments do, however, appear to reveal one thing. they suggest that president trump was personally involved in the planning and execution of january 6th, and this committee will get to the bot

if merrick garland doesn't prosecute this he is completely kneecapping the committee. and our balance of powers itself, our balance of powers is strong but it is delicate. if congress shows they're just ineffectual to get information about such a key event as january 6th, then where does that really leave congress with respect to the executive branch and a former president? >> listen, elie, bannon tried to claim, you know, executive privilege even though he hasn't worked in the white house since 2017. this is -- i want you to listen to what congresswoman liz cheney has to say about that. >> mr. bannon's and mr. trump's privilege arguments do, however, appear to reveal one thing. they suggest that president trump was personally involved in the planning and execution of january 6th and this committee will get to the bottom of that. >> they've got to prove that. how do they do it? >> yeah, it is a good and logical point by representative cheney here. i mean we know steve bannon the day before, we heard the clip earlier in your show, don, was essentially predicting and he

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and, you know, merrick garland and the attorney general does have a decision to make once this referral is brought to the department of justice as to exactly how they plan to prosecute it. do they take him into a court of law? do they arrest steve bannon? could he face jail time at some point? this isn't just a cut and dried, black and white issue, so there is some decision-making that has to take place on behalf of the department of justice. and critics -- this is not me saying it, don. critics could say perhaps the president is putting his thumb on the scale in terms of the decision-making process of the department of justice. he clearly wants to see the subpoena answered. it's just a matter of how they go about forcing that compliance. >> so what is ahead, then, this week for the select committee's investigation? should we expect more subpoenas? >> reporter: so subpoenas are always on the table. the select committee has said they're interested in people getting information from certain individuals, and they feel like they're not getting compliance, they will issue subpoenas. we don't

which means that attorney general merrick garland will have to weigh in. what do you think he will do? >> i think they'll go forward with a criminal contempt charge. that it's what i expect to happen. but i suspect some things will happen in between. first of all, bannon may try to say he's taking the fifth as a way to get out of this. he may have an attorney who ends up charting a different course. he may ultimately comply. i think for a lot of folks, just the mere fact that they may get indicted is a very good inducement to testify. so i think there is definitely some chapters yet to go. >> how long will this take, because we know the strategy in trump world is delay at all costs, and to use the legal system to do it. litigation, and so forth. >> yeah. i think it's going to take time. first of all, once the committee votes, the full house has to vote. then it goes to the u.s. attorney's office in d.c. they're going to consider carefully whether to indict. let's say they do convene a grand jury, he's indicted. i have clients where there's a backlog of yea

if merrick garland chooses not to charge this, where does that leave the committee? where does that leave congress? where does that leave our balance of powers? where does that leave the justice department? this is a really moment of truth for merrick garland coming up right here. >> elie, we know the strategy in trump world, right, is to try to delay at all costs. usually that's through, you know, extending litigation. the m.o. was to sue people and take them to court long enough so i guess they would run out of resources or run out of time, run the clock out. is there anything more that the committee can do? >> so the committee, all they can do is get this over to doj quickly on the criminal side, get it into the courts quickly on the civil side. they can do both of those things. they should. why not? they're both available. at that point the people we need to be looking at are merrick garland on the criminal side and whatever judge in the district of columbia gets this case. look, judges can move as quickly as they want. i've had judges thoput what i thought were

garland. >> he's right. he's not making a controversial statement. he's saying people who break the law should be prosecuted. don, i don't like it. he stepped up to the line and look, you and i sat here for the greater part of four years talking about a president who sort of mettled in the affairs of the justice department and you tiptoe to the line. look i don't want to equate this to the conflict over the past four years. it's not the same. the president stays out and i can tell you from time when i was there, look, when you're in a joint meeting with the white house and justice department and you need to talk to the case, send the white house folks out. that's how it works. there is a level of separation between the two and this got close to it so they are pushing back. >> a comment, i get your point. comment and actual behavior, two different things considering the -- >> nope, nope, nope. >> the last administration. yeah. steve bannon is the poster child for this. how important is it he is held accountab

>> that will be up to merrick garland. if the committee follows through, and they've made very clear they intend to, then it will shift over to merrick garland to make the decision, does he charge the federal crime of contempt of congress. and a lot of people are asking that question. my question is, how can he not? when you look at the fact here, steve bannon has zero legitimate basis. he's saying executive privilege, he's saying attorney/client privilege. those things have no application to someone who is not an attorney and was not part of the executive branch. if merrick garland chooses not to charge this, where does that leave the committee, where does that leave congress, where does that leave our balance of powers, where does this leave the justice department? this is a moment of truth for merrick garland. >> we know the strategy of trump world is to delay at all costs, usually that's extending litigation. the m.o. was to sue people until they run out of resources or run out of time, they would run the clock out. is