Trump ally Steve Bannon held in criminal contempt

Rep. Liz Cheney, who serves as the GOP vice chair of the House committee investigating Jan. 6, went after members of her own party for downplaying the attack on the Capitol and not believing in the mission of the committee during the debate of Steve Bannon’s criminal contempt referral.

Cheney then outlined why the committee needed information from Steve Bannon.  

Cheney said the former President knew the riot was happening and took no action to stop it. 

Rep. Bennie Thompson speaks in Washington, DC, on October 21.

Democratic Rep. Bennie Thompson, who chairs the House committee investigating Jan. 6, opened the floor debate of the criminal contempt referral of Steve Bannon by saying “we didn’t choose to be here.”

“This isn’t about punishing Steve Bannon,” Thompson said. “But Steve Bannon has led us down this path by refusing to cooperate in any way with our investigation.”

Thompson said a key reason the committee is pursuing criminal contempt with Bannon is to make a point that no one can evade a congressional subpoena.

“We need to take a stand for the select committee’s investigation and for the integrity of this body. What sort of precedent would it set for the House of Representatives if we allow a witness to ignore us flat out without facing any kind of consequences?” Thompson added.

The House is now starting the one-hour debate period on the actual resolution declaring Steve Bannon in contempt of Congress. 

After this debate, the House will vote on the actual Bannon contempt of Congress resolution. 

The House gallery advises the final vote is expected between 3:30 p.m. – 4:00 p.m. ET. But remember: timing is fluid.

This will be the last vote for the day in the House.

If the resolution passes, it would be referred to the Justice Department. Attorney General Merrick Garland would make the final decision on whether to prosecute.

Steve Bannon is pictured in New York on August 20, 2020.

The Democratic-controlled House of Representatives is expected to vote soon on whether to approve the Jan. 6 committee’s report recommending Steve Bannon, one of former President Donald Trump’s closest allies, be held in criminal contempt of Congress after he defied a subpoena from the committee investigating the attack on the Capitol.

The action marks a significant escalation in how far the panel is willing to go to rebuke individuals who refuse to cooperate as it investigates the violent attack that sought to overturn the results of the 2020 presidential election.

The vote by the full House will set up a referral to the Department of Justice, which would then have to decide whether to prosecute. 

Attorney General Merrick Garland on Thursday said the Justice Department would review any referral, but at a House Judiciary Committee hearing, he did not say what the department’s decision would be.

The House vote comes after the committee investigating the Jan. 6 attack formally approved the recommendation Tuesday night. It will stand as a warning to potential witnesses about the consequences of not cooperating with the investigation.

Debate on the House floor is now underway as lawmakers gear up to vote on the rule that will provide for consideration of the contempt resolution. That will be followed by a final vote on the resolution later in the day. 

On Tuesday night, members of the committee blasted Bannon for refusing to cooperate with the panel’s probe and warned that he is “isolated” in doing so as other witnesses are working with the panel.

“Our goal is simple: We want Mr. Bannon to answer our questions. We want him to turn over whatever records he possesses that are relevant to the select committee’s investigation,” the committee chairman, Democratic Rep. Bennie Thompson of Mississippi, said in his opening remarks.

Republican Rep Liz Cheney of Wyoming, one of two Republicans on the committee, said during the meeting that “it appears that Mr. Bannon had substantial advance knowledge of the plans for January 6th and likely had an important role in formulating those plans.”

“The American people are entitled to Mr. Bannon’s first-hand testimony about all of these relevant facts,” she said.

Bannon has previously argued that he is unable to cooperate with the committee until matters of executive privilege are resolved by the courts.

His attorney has told the committee that “the executive privileges belong to President Trump” and “we must accept his direction and honor his invocation of executive privilege.”

“The plain fact here is that Mr. Bannon has no legal right to ignore the committee’s lawful subpoena,” Cheney said on Tuesday.

You can read more on what happens next here.

The committee investigating the Jan. 6 riot at the US Capitol released its contempt report Monday on former President Trump ally Steve Bannon, a document that outlines the efforts the committee took to get Bannon to comply with its subpoena — and the failure by him to do so.

The panel voted to adopt the report Tuesday, and now the House is set to vote on it. Following the full House vote, House Speaker Nancy Pelosi is expected to certify the report to the United States attorney for the District of Columbia. Under law, this certification then requires the United States attorney to “bring the matter before the grand jury for its action,” but the Justice Department will also make its own determinations for prosecution.

The criminal contempt report lays out all the correspondence between the committee and Bannon, revealing new details about what happened the day of his scheduled deposition and making his full subpoena publicly available for the first time.

Throughout the report, the committee makes the case for why Bannon’s claim of executive privilege does not hold up and lays out the legal argument for why he must comply with the subpoena.

Read the full report here.

Rep. Liz Cheney speaks at the Capitol in Washington, DC, on October 19.

Republican Rep. Liz Cheney blasted former President Trump’s ally Steve Bannon for refusing to cooperate with the House committee investigating the Jan. 6 riot, saying that his claim of executive privilege is not only invalid, but suggests Trump was “personally involved” in the planning and execution of the events that day.

While the committee has yet to provide evidence directly linking the former President to those efforts, Cheney’s comments reflect a suspicion among members of the panel that Trump is attempting to conceal certain communications that may be incriminating.

“And we will get to the bottom of that,” she added.

On Wednesday, Democratic Rep. Bennie Thompson of Mississippi, the committee’s chairman, expanded on what Cheney meant when she said that evidence suggests that Trump was “personally involved in the planning and execution of January 6.”

“I think ‘plan’ is a relative,” Thompson told CNN when asked about Cheney’s comments the night before.

“There’s no question he tweeted about it in the very beginning,” he said. “The majority of the people in this country didn’t know what January 6 was all about when he did it. He created the narrative up to the point. Planned the rally – and obviously he said, you need to go to the Hill and let people know you don’t like what’s going on.

“So, people left the rally that he had invited them to,” Thompson added. “And they came to the Hill. And the rest we saw in our own eyes.”

Cheney’s remarks came during Tuesday night’s at a crucial meeting of the January 6 committee where they approved a criminal contempt report of Bannon, setting up for a vote from the full House of Representatives on Thursday. Cheney, the vice chair of the committee and a frequent critic of Trump, is one of two Republicans on the nine-member panel.

Cheney and Thompson said during Tuesday’s meeting that the panel believes Bannon has significant knowledge of the planning around the attack and reiterated that they expect the Department of Justice to prosecute once the House formally votes on a criminal referral.

Read more about Cheney’s remarks here.

House Speaker Nancy Pelosi holds a press briefing at the Capitol in Washington, DC, on October 21.

House Speaker Nancy Pelosi said it’s important for Republicans to vote to approve the recommendation to hold former Trump aide Steve Bannon in contempt to uphold the system of checks and balances.

The House is set to vote later today to approve the Jan. 6 committee’s report recommending Bannon be held for criminal contempt of Congress after he defied a subpoena to appear before the panel.

If Republicans vote against this, they negate the ability for one branch of government to check another branch, which undermines the Constitution, Pelosi added.

“So this goes beyond Bannon in terms of its importance. And you would think that if they take an oath to protect and defend the Constitution, they would vote for the system of checks and balances.”

Attorney General Merrick Garland gives an opening statement during a hearing at the Capitol in Washington, DC, on October 21.

Attorney General Merrick Garland said the Department of Justice will “apply the facts and the law and make a decision,” if the House votes to approve the Jan. 6 committee’s report recommending Trump ally Steve Bannon be held for criminal contempt of Congress after he defied a subpoena to appear before the panel.

Lawmakers are questioning Garland today, the same day the full House prepares to vote on a criminal contempt resolution for Bannon. That move presents Garland and the Justice Department with the crucial decision on whether to prosecute the adviser to former President Trump for his refusal to cooperate in the House’s Jan. 6 insurrection investigation.

Read the full exchange between Garland and Committee Chairman Rep. Jerry Nadler below:

Nadler: “The country and the Congress is still reeling from the events of January 6th and the select committee is diligently pursuing its investigation into the insurrection. This week, Chairman Thompson and his colleagues voted to hold in contempt Steve Bannon, who failed to comply with the select committee subpoenas and the measures, and the measure will be taken up by the House later today. Unfortunately, the actions of individuals like Mr. Bannon are not new to us. Many committees including this one, repeatedly face obstruction from the prior administration and the former presidents’ loyal allies. Congress however, is not an enforcement body and looks to the department to handle criminal matters when appropriate. So I ask you, Mr. Attorney General, regardless of politics, will the department follow the facts and the law and expeditiously consider the referrals put forth by the select committee, if and when they are approved by the full house?” 

Garland: “Well the department recognizes the important oversight role that this committee, the House of Representatives, and the Senate play with respect to the executive branch. I will say what spokesperson for the US Attorney’s Office in the District of Columbia said I think yesterday or the day before, the House of Representatives votes for a referral of a contempt charge. The, the Department of Justice will do what it always does in such circumstances, we’ll apply the facts and the law and make a decision, consistent with the principles of prosecution.”

Attorney General Merrick Garland attends a hearing in Washington, DC, on October 21.

Attorney General Merrick Garland will appear before the House Judiciary Committee today for a what should be a contentious hearing before a panel known for drama.

Garland is expected to defend the Justice Department’s Jan. 6 investigation, while emphasizing the risk of extremism and stressing the “urgent priority” of protecting civil rights. According to a prepared opening statement, Garland will tell the lawmakers that the “essence of the rule of law is that like cases are treated alike.”

What Garland’s testimony could reveal about Steve Bannon’s case:

Lawmakers will be questioning Garland at the same time the full House prepares to approve a criminal contempt resolution for Bannon. That move presents Garland and the Justice department with the crucial decision on whether to prosecute the adviser to former President Trump for his refusal to cooperate in the House’s Jan. 6 insurrection investigation.

In addition to the Bannon contempt referral, lawmakers may seek to question Garland about the department’s broader response to the Capitol attack, as it has charged more than 600 people who allegedly participated in the mob.

Garland’s opening statement calls the Capitol breach an “intolerable assault, not only on the Capitol and the brave law enforcement personnel who sought to protect it, but also on a fundamental element of our democracy: the peaceful transfer of power.”

“I have great confidence in the prosecutors who are undertaking these cases. They are doing exactly what they are expected to do: make careful determinations about the facts and the applicable law in each individual case,” the statement reads.

Committee Chairman Jerry Nadler, according to excerpts of his prepared opening statement shared with CNN, will commend the department “for doing the important work of bringing those responsible for the violence of January 6 to justice.”

“I ask only that you continue to follow the facts and the law where they lead – because although you have rightly brought hundreds of charges against those who physically trespassed in the Capitol, the evidence suggests that you will soon have some hard decisions to make about those who organized and incited the attack in the first place,” the New York Democrat will say.

Steve Bannon speaks at the "Take Back Virginia Rally" in Richmond, Virginia, on October 13.

Steve Bannon, who was President Trump’s former White House chief strategist, spoke with Trump in December, urging him to focus on Jan. 6 — the date of the official certification on the Electoral College vote by Congress, according to authors Bob Woodward and Robert Costa in their book “Peril.”

“We’re going to bury Biden on January 6th,” Bannon is quoted as saying.

Woodward and Costa also reported that Trump called Bannon following his contentious Jan. 6 meeting with then-Vice President Mike Pence, in which the vice president said he does not have the authority to block certification of Joe Biden’s win.

In its letter to Bannon, the committee cites communications he had with Trump on Dec. 30, 2020, “and potentially other occasions” in which Bannon reportedly urged the former President “to plan for and focus his efforts on January 6.” The committee also references Bannon’s incendiary comments made on his podcast on Jan. 5, in which he said “all hell is going to break loose tomorrow.”

The committee announced last week that it was moving forward to hold Bannon in criminal contempt for refusing to comply with a subpoena.

The committee sent a letter to Bannon on Friday rejecting his argument for failing to comply with its subpoena and dismissing his claim of executive privilege, particularly as it relates to his communications with individuals other than Trump, according to a copy obtained by CNN.

Bannon has previously argued that he is unable to cooperate with the committee until matters of executive privilege are resolved by the courts, but Friday’s response makes clear the panel believes his “willful refusal to comply with the Subpoena constitutes a violation of federal law.”

The committee voted Tuesday to adopt a contempt report on Bannon, which outlines the efforts it made to get the witness to comply with the subpoena and the failure by the witness to do so. House Majority Leader Steny Hoyer announced that the full House would vote on the criminal contempt report Thursday, and following passage in the chamber, it would then get referred to the Justice Department.

Remember: Any individual who is found liable for contempt of Congress is then guilty of a crime that may result in a fine and between one and 12 months’ imprisonment. Holding Bannon in criminal contempt through a prosecution, however, could take years, and historic criminal contempt cases have been derailed by appeals and acquittals.

Read more about Bannon’s actions on Jan. 6 here.

CNN’s Zachary Cohen and Annie Grayer contributed reporting to this post.