Attorneys for former Trump adviser Stephen Bannon are asking a judge to allow them to argue at his upcoming contempt of Congress trial that he relied on the advice of his lawyer when he defied a subpoena from the House Jan. 6 committee.

Robert Costello, a partner at Davidoff Hutcher & Citron who represented Bannon in his dealings with the committee, said he advised Bannon that former President Donald Trump’s assertion of executive privilege combined with past legal opinions from the U.S. Justice Department meant that he did not have to comply with the committee’s subpoena for documents and testimony, according to a new filing in the case.

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