Story highlights This will be the first time Sessions has testified in Congress since he recused himself

The White House on Monday suggested Sessions could invoke executive privilege during his testimony

That privilege would depend on "the scope of the questions"

Washington (CNN) When Attorney General Jeff Sessions appears before the Senate Select Committee on Intelligence on Tuesday, he may cite executive privilege to avoid answering certain questions.

On Monday, the White House did not rule out the possibility of Sessions invoking executive privilege at some point during his testimony.

"It depends on the scope of the questions," White House press secretary Sean Spicer said, but wouldn't elaborate. "To get into a hypothetical at this point would be premature."

But is that legal? Technically yes, according to a handful of legal experts.

Diane Marie Amann, a law professor at University of Georgia, agreed with Spicer that invoking privilege was possible: "It depends on the questions that are asked," she said.

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