REID: Glenn, let me read you a little bit. I'm looking here for the audience to see. I'm sorry to get these in front of the camera. I've got the subpoena -- the letters that have gone to Mark Meadows and to Steve Bannon. Here is a little bit of what was written to Mark Meadows. And it says here, "it appears that you were with or in the vicinity of President Trump on January 6, had communications with the President and others on January 6 regarding events at the Capitol and are a witness regarding activities of that day. Moreover, it has been reported that you engaged in multiple elements of the planning and preparation of effort to contest the presidential election and delay the counting of electoral votes in addition according to documents provided by the Department of Justice while you were the President's Chief of Staff, you directly communicated with the highest officials at the Department of Justice requesting investigations into election fraud matters in several states. We understand in the weeks after the November 2020 election, you contacted several state officials to encourage investigation of election fraud even after such allegations had been dismissed by state and federal courts."

They add that more than one press report indicates you were in communication with organizers, organizers of the January 6th rally including they name Amy Kremer of Women for America First.

That is the letter to Meadows. A little bit of a letter to Bannon and it says here, for example "you have been identified as present at the Williard Hotel on January 5th, 2021, during an effort to persuade members of Congress to block the certification of the election the next day and in relation to the other activities on January 6th you've also described -- you are also described as communicating with then President Trump on December 30, 2020, and potentially other occasions urging him to plan for and focus his efforts on January 6th. Moreover, you were quoted as saying on January 5th that all hell is going to break loose tomorrow."

What I just read from those letters, what does that say to you, Glenn Kirschner, about this investigation?

KIRSCHNER: Let me try to rephrase and recast and summarize what you just said. What I heard, as a former career prosecutor, is that Steve Bannon and Mark Meadows, you may have a fifth amendment right against self-incrimination. Here's what's going to happen, Joy. There are several battles that will now play out, I predict. One, the folks that have been subpoenaed may try to invoke executive privilege but I suggest that dog won't hunt because what you just read, Joy, makes it clear that there will be a robust crime fraud exception claim that will be invoked to defeat executive privilege.

What's the next battle that's going to be fought? Will these people comply with the subpoena? We've seen prior administration officials thumb their noses at Congressional subpoenas. We'll have to ask the question. Has Congress learned its lessons of the past by failing to aggressively try to enforce its subpoenas if witnesses refuse to comply. There are three ways they can enforce their own subpoenas. The final piece assuming we get these men, their butts in witness chairs before Congress, will they invoke a fifth amendment right against self-incrimination? Which they clearly will have just today, Joy, as you pointed out, that Steve Bannon in a January 5th War Council meeting with Giuliani and others said it's time to 'kill the Biden Presidency.' If that doesn't earn him a marquee spot, I contend as supported by the evidence I don't know what does.