Attorney General Jeff Sessions on Tuesday said President Donald Trump has not invoked executive privilege, though Sessions cited it several times as the reason for his refusal to answer questions from the Senate Intelligence Committee.

“Has the President invoked executive privilege in the case of your testimony here today?” Sen. Angus King (I-ME) asked.

“He has not,” Sessions replied.

“Then what is the basis of your refusal to answer these questions?” King pressed. “The President hasn’t asserted it. You said you don’t have the power to assert the power of executive privilege, so what is the legal basis for your refusal to answer these questions?”

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