Former chief White House strategist Steve Bannon is “not expected” to appear before the House Intelligence Committee on Tuesday, defying a subpoena issued during his last appearance before the panel.

Fox News’ Chad Pergram reports the former top aide to Donald Trump won’t speak before the committee, a continuation of his refusal to answer questions during his closed door session last month. On January 16, the House intel committee took the unusual step of subpoenaing Bannon during his 10-hour testimony after he refused to answer questions citing “executive privilege.”

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Fox has learned Steve Bannon is not expected to appear before the Hse Intelligence Cmte Tues despite subpoena for testimony. Fox is told there is still an issue about Bannon spkng to cmte about his time on the transition & in the WH. Mbrs of cmte insist Bannon comply w/subpoena — Chad Pergram (@ChadPergram) February 6, 2018

On Bannon, members of both parties on the Intel committee indicate that no special privilege exists to restrict someone from talking to Congress about their work with the administration under Congress’s oversight authority as granted by Article I of the Constitution. — Chad Pergram (@ChadPergram) February 6, 2018

Speculation over Bannon’s compliance mounted Monday as his scheduled appearance before the committee loomed.

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“We have a subpoena for him in the morning and we expect it to be complied with,” House intel member Rep. Mike Conaway (R-TX) told reporters. “We have questions that are unanswered that we want answered on both sides.”