Is It a Good Faith Effort, Even if He Didn't Affidavit Privilege?

You can't use that as a blanket refusal to appear for testimony, whether it's in a deposition or before a committee or during a trial. You have to exercise that privilege on a question by question basis, because certain questions would not fall within the privilege and others might. And simply refusing to appear altogether on the basis that executive privilege may be implicated in some of the questioning, is inappropriate. He really does have to show up, appear before that committee and answer some questions that dont invoke executive privilege in order for him to argue that he is making a good, safe effort with this committee.