"So, why does the president exert executive privilege? Because he's trying to hide crimes or financial misconduct? Or, he doesn't want information to get out? No, because he's protecting the executive branch," Levin said on Fox News' "Hannity."
"Executive privilege can be asserted for a number of reasons, including protecting the privacy of White House deliberations," Levin told host Sean Hannity. "That is, a president [and] immediate staff - like Don McGahn, his lawyer."
Former White House counsel Don McGahn skipped a House Judiciary Committee hearing Tuesday after President Trump told him not to attend.
Levin, who also hosts Fox News' "Life, Liberty & Levin," said that the Constitution doesn't say that Congress can "get whatever it wants" through a subpoena.
"Congress doesn't function that way, it isn't supposed to," he said.
Levin remarked that, as many congressional Democrats seek to obtain Trump's tax returns through subpoena, he would like to see the same documents obtained from people like Rep. Jerrold Nadler, D-N.Y., who chaired the hearing McGahn didn't attend.