Steve Bannon's attorney relayed questions, in real time, to the White House during a House Intelligence Committee interview of the former Trump chief strategist, people familiar with the closed-door session told The Associated Press.
As lawmakers probed Bannon's time working for President Donald Trump, Bannon's attorney Bill Burck was asking the White House counsel's office by phone during the Tuesday session whether his client could answer the questions. He was told by that office not to discuss his work on the transition or in the White House.
It's unclear who Burck was communicating with in the White House. He is also representing top White House lawyer Don McGahn in special counsel Robert Mueller's investigation into contacts between the Trump campaign and Russia.
Tuesday's conversations were confirmed by a White House official and a second person familiar with Bannon's interview. They spoke only on condition of anonymity because they were not authorized to speak publicly.
On Wednesday, the AP also confirmed that Bannon will meet with Mueller's investigators for an interview instead of appearing before a grand jury. A person familiar with that issue confirmed the interview and said Bannon is expected to cooperate with Mueller. The person was not authorized to speak publicly about private conversations.
It's unclear when the interview might occur.
Burck didn't respond to numerous phone messages left Tuesday and Wednesday. A spokeswoman for Bannon did not respond to multiple requests for comment. A spokesman for the special counsel's office did not immediately respond to a request for comment.
Bannon refused to answer a broad array of queries from the House Intelligence Committee about his time working for Trump, leading the Republican committee chairman to authorize a subpoena.
Lawmakers were expecting a similar fight Wednesday with Trump's White House as another senior aide, Rick Dearborn, was to appear for a private interview with the committee.
The developments brought to the forefront questions about White House efforts to control what current and former aides tell Congress about their time in Trump's inner circle, and whether Republicans on Capitol Hill would force the issue.
It is unlikely the committee will face the same White House objections with Trump's former campaign manager, Corey Lewandowski, who is also being interviewed Wednesday. He never served in the White House.
The interviews with Lewandowski and Dearborn were confirmed by two people familiar with the committee's work who spoke to the AP on condition of anonymity to discuss the confidential interviews.
The congressional subpoena for Bannon came after the former far-right media executive and recently scorned Trump adviser received a grand jury subpoena issued by Mueller. That subpoena, first reported by The New York Times, appeared to be a negotiating tactic that then prompted Bannon to agree to a sit-down with Mueller's prosecutors rather than appearing before the grand jury.
Bannon confirmed that he had received the subpoena from Mueller during his House Intelligence Committee interview, according to a person who spoke to the AP on condition of anonymity because the person wasn't authorized to publicly discuss Bannon's interactions with Mueller.
Lawmakers questioned Bannon as part of their investigation into Russian election inference and sought answers about Trump's thinking when he fired FBI Director James Comey.
But Bannon refused to answer questions about that crucial period, and as a result, the chairman, Rep. Devin Nunes, R-Calif., issued the subpoena, spokesman Jack Langer said.
A White House official said the White House counsel's office had a conversation last week with committee counsel about Bannon's testimony and was told the questions were expected to be about the campaign. The official said the White House offered to send an attorney to attend the interview and was told the move wasn't necessary.
But when the lawmaker's questions moved to Bannon's time in the White House, Bannon's lawyer got on the phone with the counsel's office.
Rep. Adam Schiff of California, the committee's top Democrat, said Bannon's refusal to answer questions from the panel "can't stand" and went far beyond other witnesses who have declined to answer specific questions. He said the committee expects to have Bannon return for more questioning.
"This was effectively a gag order by the White House preventing this witness from answering almost any question concerning his time in the administration and many questions even after he left the administration," Schiff said.
Trump press secretary Sarah Huckabee Sanders said, "As with all congressional inquiries touching upon the White House, Congress must consult with the White House prior to obtaining confidential material. This is part of a judicially recognized process that goes back decades."
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