garland to approve it and again, how does that work? >> look, at our par peril, if look who is in power and so on. the way it would work is congress will just approve making a referral to congress -- to the justice department for prosecution for criminal contempt and again, they can also file a civil suit in the federal court in washington d.c. and then it's up to the justice department to decide whether to pursue it. look, i'm certain that even if they're not talking, which they probably wouldn't be now, the justice department is at least thinking about how to proceed on this questionment. this is a huge public interest to at least not consider what will happen if tomorrow at 12:01 a.m. steve bannon does not show up, the justice department ought to be prepared. >> the select committee subpoenaed jeffly clark. there's been a lot of reporting about his role in trump's attempts to overturn the election. tell us about him. >> jeffrey clark is the trump studge number three position wrote a letter attempting to get the justice department to

>> 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

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

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

what does the attorney general merrick garland do now? >> mr. bannon stands alone in his complete defiance of our subpoena. that's not acceptable. no one in this country, no matter how wealthy or how powerful is above the law. nnectg to the environment. seeing yourself as an artist - legitimate and genuine - can be transformational. daddy! for the best audio entertainment and storytelling. audible. ♪ your new pharmacy is here. to help you compare prices, and save on your medication. amazon prime members get select meds as low as $1 a month. who knew it could be this easy? your new pharmacy is amazon pharmacy. you could spend half an hour preparing for the half hour status meeting. orrr... you could cancel the meeting and share updates in slack instead. it's where your whole team is in one place so everyone can stay up to date. slack. where the future works. ♪ ♪ peerless design, cutting-edge tech, and a world-class interior. the exhilarating mercedes-benz glc. extraordinary runs in the family. >>> we're back now with our breaking news. the

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