Stephen Bannon wrapped up more than 11 hours of testimony before the House Intelligence Committee on Tuesday, where his refusal to answer questions repeatedly frustrated lawmakers. Bannon reportedly invoked executive privilege, telling the committee that he couldn't answer their questions about anything he was involved with after the election because he'd been advised not to by the White House.
As it turns out, Bannon and the White House were practically on a direct line. Bannon's lawyer, Bill Burck, advised his client on what questions he could or could not answer by speaking on the phone "in real time" with the White House counsel's office, The Associated Press reports, based on a conversation with someone who was not authorized to talk about the arrangement publicly. "We said to Bannon, 'Don't answer those questions because we haven't agreed to that scope under the process,'" a White House official told CNBC.
In a different version of events, a person close to Bannon told CBS News that "Bannon's lawyer related topics about the transition and administration to the White House, and they told him that he was not authorized to answer questions on those topics unless the committee reached an accommodation with the White House on the proper scope of questioning."
In addition to being slapped with a subpoena at the House Intelligence Committee hearing — which did not prevent Bannon from continuing to refuse to answer questions — The New York Times reports that Bannon was subpoenaed last week by Special Counsel Robert Mueller to testify before a grand jury. Bannon has since struck a deal with Mueller and "is expected to cooperate with the special counsel," people familiar with the arrangement told CNN. In doing so, Bannon is expected to avoid the grand jury in favor of an interview with prosecutors, although it isn't clear yet if the subpoena will be withdrawn.