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Is Bannon a Private Citizen?
The justice department will consider itself obligated to prosecute the matter, unless there is some reason not to. The former president has informed bannon that he intends to protect the privilege and instructed bannon not to comply. I don't think the justice department can simply sort of dismiss that, as most people would like them to. There are precedents within the justice department that says a private citizen who talks to the president about his official duties can fall under the scope of executive privilege. So these are institutional interests that i don't thik they'regon just give up.