Sen. Dick Durbin (D-IL) on Tuesday said it is “hard to see” how Attorney General Jeff Sessions can remain in his position after refusing to answer questions during an open session of the Senate Intelligence Committee.

“Attorney General Sessions has recused himself from the investigation of Russian interference in our election, recommended the dismissal of the Director of the FBI, reportedly offered his resignation to the President, and refused to answer questions from the Senate Intelligence Committee,” Durbin said in a statement. “It is hard to see how he can continue to serve.”

Sessions cited executive privilege several times while testifying before the Senate Intelligence Committee on Tuesday, though he acknowledged that President Donald Trump has not in fact invoked it yet.

“So what is the legal basis for your refusal to answer these questions?” Sen. Angus King (I-ME) pressed him.

“I’m protecting the right of the President to assert it if he chooses,” Sessions replied.