Topline
The Capitol Riot: A House Committee Investigating Tuesday's Investigation recommended that Steve Bannon be charged with contempt of Congress. Former President Donald Trump's ally was also pressured by lawmakers to comply with a subpoena. If he resists, they will push for criminal charges.
Steve Bannon, a former Trump advisor, poses for a photo in Paris on May 27, 2019. AFP via Getty Images
The Key Facts
Tuesday night, the seven Democrats and two Republicans of the select committees voted unanimously to approve a report encouraging Congress to treat Bannon with contempt. This was in response to Bannon's decision to not testify or give over documents related to the January 6th riot. Rep. Bennie Thompson (D-Miss.) Representative Bennie Thompson (D-Miss.) Bannon also predicted that all hell would break out tomorrow, the day before the January 6th riot. This was according to the committee's report. He claimed he cannot testify and refuse to turn over records due to Trump's executive privilege. However, lawmakers said this doesn't apply to Bannon as he was not a private citizen at time of the Capitol Riot. Forbes reached out to Bannon's attorney for comment.
Important Quote
Thompson stated Tuesday evening that while it is a shame Mr. Bannon put us in this situation, he said that he will not take no for an explanation. We believe that Mr. Bannon holds information relevant to our probe and will use all the tools available to find it.
What to Watch
The whole House of Representatives will vote whether to hold Bannon responsible for contempt. The Department of Justice will decide whether criminal charges against Bannon are being brought against the Democratic-controlled House. This could lead to fines or 12 months imprisonment.
What we don't know
It is unclear whether the DOJ intends to pursue criminal charges. While the select committee argues that prosecutors must seek indictment from the grand jury if Congress refers to them for a contempt charge, the DOJ has stated in the past it can choose to not send contempt allegations or pursue criminal charges. Last week, President Joe Biden stated that he believes the DOJ should indict witnesses who fail comply with January 6th committees subpoenas. However, the DOJ informed several news outlets that it will make its own independent decisions regarding all prosecutions solely based on the facts.
Important Background
The January 6 committee was charged with investigating the Capitol riot, its immediate aftermath, and has subpoenaed many Trump administration officials and allies. It requested scores of White House documents related to the Capitol violence and Trump's long-running bid to win his 2020 reelection election. The lawmakers also asked Mark Meadows, Trump's former Chief Of Staff, to turn over records and give testimony. Bannon's subpoena required the ex-White House strategist and political operative to take a deposition. This included any communications between Trump and Meadows about January 6, as well as discussions between Trump and his legal team regarding 2020 campaign plans. Trump claimed that many records sought by the committee were protected by executive privilege. Bannons lawyer told lawmakers earlier in the month that he could not comply with the subpoena as he had to accept Trumps direction and honor his invocations of executive privilege. This led to the committee threatening to sue Bannon for contempt.
Surprising Fact
Thompson stated that Bannon is the only one who defies our subpoena. However, the committee will sue Congress for contempt against any witnesses refusing to testify or turning over records.
Tangent
Trump is asking the Biden administration for protection of White House records that he believes are subject to executive privilege. However, Biden rejected this argument earlier this month when he was asked to provide the first wave of documents by the select committee. Trump sued the committee and National Archives and Records Administration this week to stop what his lawyers called a vexatious and illegal fishing expedition openly supported by Biden and intended to unconstitutionally probe President Trump and his administration.
