Steve Bannon's stonewalling on Tuesday infuriated members of both parties, who subpoenaed him on the spot. But even after the subpoena, Bannon declined to answer their questions. | Jacquelyn Martin/AP Photo Bannon won't testify again on Russia Thursday The former Trump aide's lawyer rejects 'unreasonable' call to return to the House Intelligence Committee Thursday, and says he will coordinate with the White House before returning.

Former White House adviser Steve Bannon declined House Russia investigators' request to return for a second interview Thursday, telling lawmakers through his lawyer that their request for him to return just two days after his first appearance was "unreasonable."

"The Committee’s subpoena purports to require Mr. Bannon’s appearance for a second deposition [Thursday] at 2pm. That is plainly insufficient time for me to do what the Committee has asked," Bannon's attorney William Burck wrote in a Wednesday letter to House intelligence committee leaders obtained by POLITICO.


Instead, Burck told committee leaders that the former senior aide to President Donald Trump would return after reaching an accommodation with the White House to ensure his testimony doesn't violate executive privilege.

On Tuesday, Bannon—citing instructions from the Trump administration—refused to answer Republican and Democrats' questions about his time in the White House, the post-election transition team and even about his conversations with the president after he was fired from his post in August. His stonewalling infuriated members of both parties, who subpoenaed him on the spot. But even after the subpoena, Bannon declined to answer their questions.

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Burck’s letter told the committee's top Russia investigators, Rep. Mike Conaway (R-Texas) and Rep. Adam Schiff (D-Calif.), that Bannon remains willing to answer the committee's questions—but only after striking an agreement with the White House on an acceptable scope of questioning.

"There is no conceivable way to discuss with the White House Mr. Bannon’s time with the transition and the White House, obtain their views on the information he would provide, communicate those views back to the Committee, relay the Committee’s views back to the White House, and then negotiate or facilitate an agreement between the Committee and the White House in the time allotted by the Committee’s subpoena," Burck wrote.

Committee members are now weighing whether to hold Bannon in contempt of Congress for avoiding their questions. They've noted that White House lawyers haven't formally invoked executive privilege—they have only suggested that Bannon's testimony might implicate it.

White House officials have argued that it's customary for Congress to coordinate the scope of their questions with current and former officials to avoid violating privileged information.

But GOP and Democratic lawmakers have questioned this argument, suggesting they see no reasonable interpretation of executive privilege that would preclude Bannon from discussing his time on the transition team, which was before Trump was president.

Burck indicated that the committee didn't appear to have access to White House and transition documents that would be relevant precursors to any questions for Bannon and suggested lawmakers and Bannon would need time to produce them and review them before Bannon's next interview.

"There are many lawyers on the Committee and the Staff, and I would be surprised if they believed that it would be anything other than unprofessional and possibly unethical to expect to depose a witness who has had no opportunity to review relevant documents," he said.

Burck also indicated a potential disconnect between committee staff and lawmakers. He indicated that he had informed the staff of the committee, chaired by Rep. Devin Nunes (R-Calif.), that the White House "would not permit Mr. Bannon to discuss his time in the transition or the White House unless an accommodation was agreed between the Committee and the White House."

"Staff raised no objection to these restrictions in any of those conversations," he said. "The first objection came yesterday from the Members who appear not to have been informed by Staff about our prior conversations."

