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      House holds Trump ally Steve Bannon in criminal contempt of Congress

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      House of RepresentativesHouse holds Trump ally Steve Bannon in criminal contempt of CongressContempt citation for Bannon approved by 229 votes to 202Strategist refused to comply with Capitol attack subpoena Hugo Lowell in WashingtonThu 21 Oct 2021 16.32 EDTLast modified on Thu 21 Oct 2021 17.05 EDTThe House voted on Thursday to hold Donald Trump’s former chief strategist Steve Bannon in criminal contempt of Congress, over his refusal to comply with a subpoena issued by the House select committee investigating the 6 January Capitol attack.House votes to hold Bannon in contempt for defying Capitol attack subpoena – liveRead moreThe approval of the contempt citation, by 229 votes to 202 against, escalates the select committee’s efforts to punish Bannon for his non-compliance as they intensify their inquiry into whether then-president Trump helped plan or had advance knowledge of the insurrection.The House select committee chair, Bennie Thompson, the Democratic congressman from Mississippi, said the authorization of the criminal referral against Bannon signalled their determination to deploy their most aggressive measures to take action both against Bannon and any other Trump aides who might ultimately defy subpoenas.“We need to make it clear that no person is above the law, we need to take a stand for the committee’s investigation, and for the integrity of this body,” Thompson said on the House floor.“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? What message would it send to other witnesses in our investigation? I’m not willing to find out,” he added.The move to request the justice department to prosecute Trump’s former chief strategist also marks a stinging personal rebuke to Bannon, and opens a new legal front in the select committee’s efforts to pursue information from inside the White House and Trump circles before 6 January.Members on the select committee recommended that the House hold Bannon in criminal contempt after they unanimously rejected the notion that Trump’s former chief strategist could claim absolute immunity from congressional oversight on grounds of executive privilege.The select committee had issued subpoenas last month to Bannon and top Trump administration officials – including former White House chief of staff Mark Meadows, his deputy Dan Scavino, and former defense department aide Kash Patel – under the threat of prosecution.But directed by Trump and his attorney to defy the orders, Bannon ignored his subpoena in its entirety, infuriating the select committee that then moved immediately to vote to recommend that the House find him in contempt of Congress.The referral now heads to the justice department, where the attorney general, Merrick Garland, the US attorney for the District of Columbia and the Office of Legal Counsel are required by law to weigh a prosecution and present the matter before a grand jury.Should the justice department secure a conviction against Bannon, the consequences could mean up to a year in federal prison, $100,000 in fines, or both – though it would still not force his compliance and pursuing the misdemeanor charge could take years.The select committee views Bannon’s testimony as crucial to their investigation, since he was in constant contact with Trump in the days and weeks leading up to the Capitol attack.Bannon was one of the key architects – alongside Trump’s first chief of staff, Reince Priebus, and lawyer John Eastman – of the plan to stop the certification of Joe Biden election’s win and attempt the extraordinary move of returning Trump to the Oval Office, according to a source familiar with the matter.That meant Bannon was involved in meetings with the Trump campaign – and potentially even Trump himself – at the Trump International hotel and the Willard hotel in Washington the night before the Capitol attack.Bannon also appeared to predict the Capitol attack itself, saying on his War Room podcast the day before the insurrection that left five dead and 140 injured, including dozens of police officers, and lawmakers and staff in fear for their lives: “All hell is going to break loose tomorrow.”In opening remarks before the vote to recommend Bannon’s prosecution, the Republican vice-chair of the select committee, Liz Cheney, suggested the reason for his non-compliance might be because he was fearful of compromising Trump.“Mr Bannon’s and Mr Trump’s privilege arguments do appear to reveal one thing, however: they suggest that President Trump was personally involved in the planning and execution of January 6th. And we will get to the bottom of that,” Cheney said.But despite the high stakes, Bannon informed the select committee he would not cooperate with his 23 September subpoena, and claimed the materials and testimony requested by the panel were protected by executive privilege and could not be turned over to Congress.The select committee rejected that argument on Tuesday.Bannon’s legal argument also faces a steep uphill struggle, with the Biden justice department appearing inclined to adopt a narrow interpretation on executive privilege, previously allowing top Trump justice department officials to testify to Congress about 6 January.In the contempt report for Bannon, the select committee noted that they had requested documents and testimony regarding his contacts with members of Congress and the Trump campaign, which could not conceivably be covered by a White House secrecy protection.The contempt report noted that even if the select committee accepted his executive privilege claim, it would still not have allowed him to ignore the subpoena since the protection exists for White House officials – and Bannon was fired by Trump in 2017.TopicsHouse of RepresentativesUS politicsSteve BannonDemocratsRepublicansDonald TrumpUS CongressnewsReuse this content More

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      US House expected to vote on Thursday to refer Steve Bannon to prosecutors

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      Steve BannonUS House expected to vote on Thursday to refer Steve Bannon to prosecutorsLawmakers to vote on whether to recommend contempt chargeTrump ally defied subpoena over Capitol attack investigation Ed Pilkington in New York@edpilkingtonWed 20 Oct 2021 11.29 EDTLast modified on Wed 20 Oct 2021 14.18 EDTThe House of Representatives is expected to vote on Thursday to refer Steve Bannon to federal prosecutors for potential criminal charges relating to his defiance of Congress over the investigation into the 6 January Capitol insurrection.Donald Trump’s former chief strategist in the White House is facing deepening legal peril as he continues to refuse to cooperate with the House select committee investigating the Capitol violence. On Tuesday, the nine-member committee, including two Republicans, voted unanimously to recommend criminal prosecution after Bannon refused to comply with a subpoena calling for him to provide documents and to testify.White House outlines plan to vaccinate US children once FDA gives approval – liveRead moreShould the full House decide to recommend contempt charges, the case is likely to pass to federal prosecutors in Washington, who would then have the power to convene a grand jury. Any final decision to charge Bannon would likely be taken at the highest levels of the justice department, given the extreme sensitivity of the case and the exceptionally rare nature of contempt of Congress prosecutions.Should he be convicted of contempt, Bannon faces up to a year in prison and a fine of up to $100,000.The House committee investigating the 6 January insurrection has been steadily tightening the screws on Bannon. At Tuesday’s hearing, Liz Cheney, the representative from Wyoming who has been a leading critic of Trump’s role in inciting the 6 January assault in which five people died, directly accused Bannon of planning the attack.“Based on the committee’s investigation, it appears that Mr Bannon had substantial advanced knowledge of the plans for January 6 and likely had an important role in formulating those plans,” she said. Cheney added that Bannon and Trump’s refusal to comply suggested that “President Trump was personally involved in the planning and execution of January 6th”.The committee has released a 26-page report setting out its case for why Bannon, the former executive chairman of the rightwing Breitbart News, should be held accountable to Congress. In it, Bannon is said to have played “multiple roles”, including “his role in constructing and participating in the ‘stop the steal’ public relations effort that motivated the attack [and] his efforts to plan political and other activity in advance of January 6th”.The investigators make special reference to a gathering of the Trump campaign’s legal team on the eve of 6 January at the Willard Hotel, two blocks from the White House. Trump’s personal lawyer Rudy Giuliani was present with Bannon and together they reportedly contacted several Republican Congress members encouraging them to block the certification of Biden’s victory.Also present was Roger Stone, the political dirty trickster, who left the hotel with bodyguards drawn from the far-right militia group the Oath Keepers.According to Peril, the book by Bob Woodward and Robert Costa, Bannon spoke to Trump from the Willard Hotel. They discussed the then vice-president Mike Pence’s resistance to playing along with the attempt to subvert the election result.The committee report also quoted at length from Bannon’s War Room podcast which he posted on 5 January. He said: “It’s not going to happen like you think it’s going to happen,” he told his listeners. “OK, it’s going to be quite extraordinarily different. All I can say is, strap in. Tomorrow it’s game day. So strap in. Let’s get ready.”Bannon added: “So many people said, ‘Man, if I was in a revolution, I would be in Washington.’ Well, this is your time in history.”Trump has instructed Bannon and other former aides who have been served subpoenas by the House committee not to cooperate. Earlier this month the former president’s lawyers sent a letter to the individuals saying that they were covered by executive privilege.President Biden has formally rejected that argument, saying that the issue of executive privilege is decided by him and that in his opinion it would not be “in the best interests of the United States” to grant it in this case.On Tuesday, Trump lashed back by suing the House committee investigating 6 January. The legal complaint said that the demand for documents was “nothing less than a vexatious, illegal fishing expedition”.TopicsSteve BannonUS politicsUS CongressHouse of RepresentativesDonald TrumpnewsReuse this content More

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      House Capitol attack committee votes to recommend Steve Bannon prosecution

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      US Capitol attackHouse Capitol attack committee votes to recommend Steve Bannon prosecutionPanel unanimously approves contempt of Congress citationTrump ally defied subpoena relating to 6 January insurrection Hugo Lowell in WashingtonTue 19 Oct 2021 19.57 EDTLast modified on Tue 19 Oct 2021 20.20 EDTThe House select committee investigating the Capitol attack voted on Tuesday to recommend the criminal prosecution of Donald Trump’s former chief strategist Steve Bannon, after he defied a subpoena relating to their inquiry into the 6 January insurrection.FBI raids Washington home of Russian billionaire Oleg DeripaskaRead moreThe select committee approved the contempt of Congress citation unanimously, sending the report to the Democratic-controlled House, which is expected on Thursday to authorize the panel to go to court to punish Bannon for his non-compliance.“It is essential that we get Mr Bannon’s factual and complete testimony in order to get a full accounting of the violence of January 6th and its causes,” said Bennie Thompson, the chairman of the select committee.“Mr Bannon will comply with our investigation or he will face the consequences,” he said. “We cannot allow anyone to stand in the way of the select committee as we work to get to the facts. The stakes are too high.”Members on the select committee took the aggressive step against Bannon to sound a warning to Trump White House officials and others connected to the Capitol attack that defying subpoenas would carry grave consequences, according to a source on the panel.The select committee had issued a bevy of subpoenas to some of Trump’s closest advisers – White House chief of staff Mark Meadows, his deputy Dan Scavino, defense department aide Kash Patel, and Bannon – under the threat of criminal prosecution.But under orders from the former president and his lawyers, Bannon ignored his subpoena compelling documents and testimony in its entirety. The other three Trump administration aides opened negotiations over the extent of their possible cooperation.The ramifications for Bannon’s defiance are significant: once passed by the House, the justice department transfers the case to the office of the US attorney for the District of Columbia, which is required to take the matter before a federal grand jury.In pushing to hold Bannon in contempt of Congress, the select committee has also set up a potentially perilous legal moment for Bannon as he resists the inquiry into what Trump knew in advance of efforts to stop the certification of Joe Biden’s election win.A successful contempt prosecution could result in up to a one-year sentence in federal prison, $100,000 in fines, or both – although the misdemeanor offense may not ultimately lead to his cooperation and pursuing the charge could still take years.Bannon remains a key person of interest to House select committee investigators in large part because he was in constant contact with Trump and his team in the days before 6 January, as the former president strategized how to return himself to the Oval Office.He also appeared to have advance knowledge of the Capitol attack, predicting on his War Room podcast, the day before the insurrection that left five dead and 140 injured: “All hell is going to break loose tomorrow.”In opening statements ahead of the vote, Republican congresswoman and committee member Liz Cheney said: “Mr Bannon’s and Mr Trump’s privilege arguments do appear to reveal one thing, however: they suggest that President Trump was personally involved in the planning and execution of January 6th. And we will get to the bottom of that.”But the former chief strategist to Trump indicated to the select committee he would not cooperate with his 23 September subpoena on grounds that communications involving Trump are protected by executive privilege and cannot be revealed to Congress.The legal argument faces a steep uphill battle with the Biden justice department appearing inclined to adopt a narrow interpretation on executive privilege, previously allowing top Trump justice department officials to testify to Congress about 6 January.And as the justice department examines the expected referral from the House in finer detail, prosecutors may open Trump to legal jeopardy insofar as he may have obstructed justice by ordering Bannon and other aides to defy the subpoenas.The select committee said in the contempt report that Bannon had no basis to refuse his subpoena because Trump never actually asserted executive privilege – but also because Bannon tried to use an executive privilege claim for non-executive branch materials.Within the scope of the subpoena demanding documents and testimony, the report said, included contacts with members of Congress and Trump campaign officials in the days before 6 January, which are ostensibly unrelated to communications between Bannon and Trump.The contempt report added that even if the select committee accepted his executive privilege claim, the law makes clear that even senior White House officials advising sitting presidents have the kind of immunity from congressional inquiries being claimed by Bannon.The report further noted: “If any witness so close to the events leading up to the January 6 attack could decline to provide information to the select committee, Congress would be severely hamstrung in its ability to exercise its constitutional powers.”The prospect of prosecution appears not to have worried Bannon, who spent the day before his deposition date a hundred miles away in Virginia, where he attended a Republican rally that featured a flag purportedly carried by a rioter at the Capitol attack.Trump lashed out at the select committee after it announced it would vote to hold Bannon in contempt. “They should hold themselves in criminal contempt for cheating in the election,” he said, repeating lies about a stolen election refuted by the justice department.Still, the select committee’s net appears to be closing in on the former president. Thompson, the chair of the select committee, said on CNN on Thursday that he would not rule out eventually issuing a subpoena for Trump himself.Maanvi Singh contributed reportingTopicsUS Capitol attackSteve BannonDonald TrumpUS politicsUS CongressHouse of RepresentativesnewsReuse this content More

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      Trump response to Capitol attack can’t be ‘swept under rug’, White House says – live

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      Key events

      Show

      5.45pm EDT
      17:45

      Texas Republicans pass voting maps that entrench power of whites

      5.02pm EDT
      17:02

      Today so far

      4.47pm EDT
      16:47

      Progressives voice optimism about reaching deal after meeting with Biden

      3.33pm EDT
      15:33

      Mayorkas tests positive for coronavirus

      2.29pm EDT
      14:29

      ‘Crime scene do not enter’ tape outside home linked to Deripaska, after raid

      2.07pm EDT
      14:07

      Trump’s response to Capitol attack cannot be ‘swept under the rug,’ Psaki says

      12.31pm EDT
      12:31

      Interim summary

      Live feed

      Show

      5.45pm EDT
      17:45

      Texas Republicans pass voting maps that entrench power of whites

      Sam Levine

      Texas Republicans are on the verge of enacting new voting maps that would entrench the state’s Republican and white majority even as its non-white population grows rapidly.
      Texas Republicans approved the congressional plan on Monday evening, sending it to Governor Greg Abbott, a Republican, who is expected to sign the measure.
      The Texas maps offer perhaps the most brazen effort in the USs so far this year to draw new district lines to benefit one political party, a practice called gerrymandering. The proposed congressional map would blunt growing Democratic strength in the Texas suburbs. Texas Republicans already have a 23-13 seat advantage in the state’s congressional delegation and the new maps would double the number of safe GOP congressional seats in the state from 11 to 22, according to the Washington Post.
      Democrats would have 12 safe seats, up from eight. There would be just one competitive congressional district in the state, down from 12.
      Read more:

      5.14pm EDT
      17:14

      The Supreme Court has declined to stop a vaccine requirement for health workers in Maine.
      Justice Stephen Breyer declined to hear an emergency appeal to block a vaccine requirement announced by Maine governor Janet Mills. The policy requires health workers to get vaccinated against Covid-19 by 29 October or risk losing their jobs.
      According to the state’s dashboard tracking vaccinations among health workers, between 84 and 92% of workers are vaccinated in various settings so far.
      This is the first time the Supreme Court has dealt with a statewide vaccine mandate.

      5.02pm EDT
      17:02

      Today so far

      That’s it from me today. My west coast colleague, Maanvi Singh, will take over the blog for the next few hours.
      Here’s where the day stands so far:

      The House select committee investigating the Capitol insurrection is expected to hold Steve Bannon in contempt for refusing to comply with the panel’s subpoenas. The expected committee vote comes one day after Donald Trump filed a lawsuit seeking to block certain White House documents from the subpoenas by claiming executive privilege, which is considered a dubious legal argument given that he is no longer president.
      The White House said Trump’s response to the insurrection cannot be “swept under the rug”. “Our view, and I think the view of the vast majority of Americans, is that former President Trump abused the office of the presidency and attempted to subvert a peaceful transfer of power,” White House press secretary Jen Psaki said when asked about Trump’s lawsuit. “The former president’s actions represented a unique and existential threat to our democracy that we don’t feel can be swept under the rug.”
      FBI agents raided a Washington home linked to Oleg Deripaska, a Russian oligarch with ties to Vladimir Putin who was sanctioned by the treasury department in 2018.
      Progressive lawmakers voiced optimism about reaching a deal on the reconciliation package after meeting with Joe Biden at the White House this afternoon. The president is now meeting with a group of centrist Democratic lawmakers to continue the negotiations over the reconciliation package and the infrastructure bill. Democrats are still working to reach an agreement on the top-line cost of the reconciliation package, and House progressives are holding up the passage of the infrastructure bill until a deal is struck.

      Maanvi will have more coming up, so stay tuned.

      4.47pm EDT
      16:47

      Progressives voice optimism about reaching deal after meeting with Biden

      Progressive lawmakers expressed optimism about reaching a deal on the reconciliation package after meeting with Joe Biden at the White House this afternoon.
      Pramila Jayapal, the chair of the Congressional Progressive Caucus, said the group had a “really good, productive meeting” with Biden, Vice-President Kamala Harris and treasury secretary Janet Yellen.
      “And I think we all feel still even more optimistic about getting to an agreement on a really transformational bill,” Jayapal told reporters after the meeting.
      Jayapal said she was confident that “a majority” of progressive priorities would be included in the final bill, and she thanked Biden for his engagement in the negotiations.
      When asked if they agreed to a top-line cost of the bill, Jayapal said that Biden has consistently pushed for a price tag between $1.9tn and $2.2tn, after moderates like Joe Manchin indicated they would not support a $3.5tn package.
      “It’s not the number that we want,” Jayapal said. “But at the end of the day, the idea that we can do these programs, a multitude of programs and actually get them going so that they deliver immediate transformational benefits to people is what we’re focused on.”

      4.24pm EDT
      16:24

      Joe Biden’s first meeting with congressional Democrats has now ended after about two hours, according to the White House.
      The president’s first meeting was with members of the Congressional Progressive Caucus, and Vice-president Kamala Harris and Treasury secretary Janet Yellen attended as well.
      Biden will now meet with some of the centrist Democrats in Congress to continue discussions about the infrastructure bill and the reconciliation package.

      Updated
      at 4.35pm EDT

      4.04pm EDT
      16:04

      Gloria Oladipo

      In an attempt to recruit more officers, US Capitol police chief Thomas Manger is using the 6 January insurrection as a reason for why more people should join the force.
      As seen in a promotional video titled The US Capitol Police: A Call to Service, Manger describes how the attack, which many have cited as a failure on the part of Capitol law enforcement, made him want to once again join the force.

      U.S. Capitol Police
      (@CapitolPolice)
      One of our top priorities is to hire more officers to protect Congress and the U.S. Capitol: pic.twitter.com/xbKBOhmNpz

      October 19, 2021

      “I wanted to be a police officer again. I wanted to be there to help. We are looking for really good men and women who have that spirit for public service, who want to serve their country,” said Manger in the video.
      Following the insurrection, officers testified during a House committee about the events of 6 January, describing being swarmed and attacked by rioters as well as the trauma they dealt with.

      Updated
      at 4.35pm EDT

      3.33pm EDT
      15:33

      Mayorkas tests positive for coronavirus

      Gloria Oladipo

      US Homeland Security secretary Alejandro Mayorkas has tested positive for Covid-19, according to DHS spokesperson Marsha Espinosa.
      “Secretary Mayorkas tested positive this morning for the Covid-19 virus after taking a test as part of routine pre-travel protocols. Secretary Mayorkas is experiencing only mild congestion; he is fully vaccinated and will isolate and work at home per CDC protocols and medical advice. Contact tracing is underway,” said Espinosa in a statement to CNN.
      Mayorkas will no longer be participating in a planned trip to Colombia with secretary of state Antony Blinken and will be working from home, reports CNN.

      Updated
      at 4.44pm EDT

      3.19pm EDT
      15:19

      Gloria Oladipo

      An FBI spokesperson has said that the agency is conducting law enforcement activity in a New York City building in connection with an investigation into Oleg Deripaska, a Russian oligarch whose Washington, DC home was raided today, according to ABC news.
      Stay tuned as more information emerges.

      3.13pm EDT
      15:13

      Gloria Oladipo

      House Majority Leader Steny Hoyer of Maryland discussed the best strategy for Democrats to pass the Biden administration’s $3.5tn spending package, arguing that lawmakers should fund fewer programs for longer, reports Politico.
      “My own view is that we ought to do fewer things better. We ought to make sure that which [programs] we include in the bill will have a real impact,” said Hoyer.
      Hoyer added that he wants “sense of permanency to those policies” that make it in the final version of the financial bill.
      Democrats are still working to get the megabill passed before a self-imposed deadline of 31 October but face opposition from key moderates such as Senator Joe Manchin of West Virginia and Senator Kyrsten Sinema of Arizona. Lawmakers including House speaker Nancy Pelosi of California have supported the idea of funding fewer programs, but contention remains around which programs will get cut, including threats to key climate change legislation.
      Hoyer added that Democrats are still aiming towards passing the social spending package and the infrastructure bill by the Halloween deadline and that “if [Congress] make significant progress that’ll also be success towards those ends.”

      2.53pm EDT
      14:53

      Gloria Oladipo

      Five people with the climate activist group Sunrise Movement will begin participating in a hunger strike in front of the White House tomorrow at 9am to demand that Congress pass the climate initiatives in the Biden administration’s $3.5tn spending package, a key part of Biden’s “Build Back Better” agenda, reports the New Republic.
      “We’re here to highlight how dire this moment is,” said Kidus Girma, 26, who is participating in the strike. “A couple hundred people in a two-part building in D.C. are deciding the scope of what climate justice can look like—and not just climate justice, but a lot of critical programs that before this pandemic folks did not think were possible.”
      Protestors decided to strike after news broke from the New York Times on Friday that Democrats were considering getting rid of the Clean Energy Payment Program, an initiative that would award utilities who increase their use of renewable energy, because of holdout from Senator Joe Manchin of West Virginia and other centrists.
      The hunger strike is apart of a longer week of actions targeting key Democrats who have not supported the legislation. Yesterday, Sunrise activists previously protested outside of Senator Kyrsten Sinema of Arizona’s Phoenix office. Protestors have also previously protested by Manchin’s yatch.
      Protestors are asking people to participate in the hunger strike on Thursday, followed by a nationwide strike from school–coined Fridays for Future–that will result in a break in fasting.

      Updated
      at 2.53pm EDT

      2.29pm EDT
      14:29

      ‘Crime scene do not enter’ tape outside home linked to Deripaska, after raid

      Joanna Walters

      In further developments in the story of Russian metals billionaire Oleg Deripaska, FBI agents have raided a mansion in one of the wealthiest neighborhoods of Washington, DC, that is linked to him.
      Deripaska has ties to the Kremlin and Paul Manafort, Donald Trump’s former election campaign manager who served time for fraud and was pardoned by the former president. More

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      Bannon and other top Trump officials face legal peril for defying subpoenas

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      Steve BannonBannon and other top Trump officials face legal peril for defying subpoenasDevelopments in select committee’s move to secure Bannon’s conviction come as Trump files lawsuit blocking the release of his White House records Hugo Lowell in WashingtonTue 19 Oct 2021 03.38 EDTLast modified on Tue 19 Oct 2021 04.03 EDTSteve Bannon and other former top officials in the Trump administration are facing legal peril for defying subpoenas issued by the House select committee investigating the Capitol attack, as the panel prepares to pursue criminal referrals for non-compliance.The legal jeopardy for Bannon – who is expected to be held in contempt by the committee on Tuesday – is anticipated after it emerged in a letter to his attorney, obtained by the Guardian on Monday, that he had claimed executive privilege protections on materials unrelated to the executive branch.Capitol attack panel’s message to Steve Bannon: we won’t forget about youRead moreThe House select committee chairman, Bennie Thompson, also said in the letter that even if the panel entertained the claims of executive privilege, Bannon had no basis to ignore the order since not even a president could grant him immunity from a House subpoena.The dual legal arguments in the letter, which served as Bannon’s final warning to cooperate a day before the select committee is expected to hold him in contempt of Congress, underscores the weakness of the executive privilege claim advanced by Donald Trump.The Guardian first reported that the former president would instruct his top four aides subpoenaed by the select committee – White House chief of staff Mark Meadows, his deputy Dan Scavino, defense department aide Kash Patel, as well as Bannon, his former chief strategist – to defy the orders.But even though Bannon is alone in defying a subpoena after Meadows and Patel were “engaging” with the panel over the potential scope of their cooperation and Scavino was served late, the letter shows similar attempts to invoke executive privilege appear treacherous.The missive from the select committee came in response to a previous letter from Bannon’s attorney, Robert Costello, who insisted his client was precluded from complying with the subpoena until claims about executive privilege by Trump were settled in a court ruling.Thompson said in his response that he rejected the entire argument leaning on Trump and considered Bannon as having violated federal law after he “wilfully failed to both produce a single document and to appear for his scheduled deposition”.The chairman of the select committee said the executive privilege claim could not apply in Bannon’s case, because the panel had in part sought his contacts with members of Congress and the Trump campaign, which are not covered by the presidential protection.Thompson added that even if the select committee accepted that some materials demanded by the panel were shielded by executive privilege, Bannon would not be exempt from complying with a congressional subpoena.The chairman also said that the select committee believed Costello’s interpretation of a previous case involving the testimony of a Trump administration official – the former White House counsel Don McGahn – actually undermined Bannon’s argument to defy his subpoena.In the case with McGahn, said Thompson, the US district court for the District of Columbia ruled that even senior White House aides were not entitled to absolute immunity from testifying. McGahn, pursuant to that ruling, ultimately testified to Congress in July.Furthermore, the citation referring to McGahn used by Costello “makes clear that a president lacks legal authority to order an aide not to appear before Congress based on a claim of executive privilege,” Thompson said.The legal rebuttals outlined in the letter were specific to Bannon’s non-compliance. But a source close to the select committee said the same arguments would be pressed against Meadows, Scavino and Patel should they also attempt an executive privilege claim.And with a reversal in position from Bannon not forthcoming before a 6pm ET deadline on Monday, the select committee is now expected to proceed with a vote recommending the House refer him to the US Attorney for the District of Columbia for criminal prosecution.The letter outlining the select committee’s arguments was earlier reported by the Washington Post.The developing contours of the select committee’s move to secure Bannon’s conviction – which would carry a maximum penalty of a one year sentence in federal prison and up to $100,000 in fines – came as Trump filed a lawsuit blocking the release of his White House records.Trump filed a lawsuit with the DC district court to stop the National Archives from releasing records to the select committee a tranche of records, after Joe Biden’s White House counsel, Dana Remus, declined to assert executive privilege protections.The Guardian first reported that Trump would sue to block the release of records from his administration last month. Trump’s legal counsel has indicated the former president is seeking to shield about 50 documents from scrutiny.TopicsSteve BannonUS Capitol attackHouse of RepresentativesUS politicsnewsReuse this content More

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      Capitol attack panel’s message to Steve Bannon: we won’t forget about you

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      US Capitol attackCapitol attack panel’s message to Steve Bannon: we won’t forget about youRepublican Adam Kinzinger says pursuit of a criminal contempt referral was ‘the first shot over the bow’ for Trump allies Richard Luscombe@richluscSun 17 Oct 2021 13.36 EDTLast modified on Sun 17 Oct 2021 13.37 EDTAdam Kinzinger, one of two Republicans on the special committee investigating the deadly 6 January US Capitol attack, said on Sunday the pursuit of a criminal contempt referral against Steve Bannon was “the first shot over the bow” for allies of Donald Trump defying subpoenas to testify.“It’s very real, but it says to anybody else coming in front of the committee, ‘Don’t think that you’re going to be able to just kind of walk away and we’re going to forget about you’,” Kinzinger, a vocal critic of the former president, told CNN’s State of the Union.He added that the committee would not rule out calling Trump himself to testify, though he acknowledged that such a move was not imminent.Bannon, Trump’s former chief strategist, has declined to appear before the committee, or respond to the subpoena demanding documents and testimony, claiming executive privilege. The committee will decide on Tuesday whether to make a criminal contempt referral to the full House of Representatives.Kinzinger, an Illinois congressman who was one of 10 House Republicans to vote for Trump’s impeachment in January following the insurrection, also said that Joe Biden was right to call for the prosecution of those who resisted subpoenas. Republican criticism of the president’s comments forced the justice department to issue a rare statement on Friday reaffirming its independence from the White House.“The president has every right to signal, I think he has every right to make it clear where the administration stands. God knows the prior administration every two hours was trying to signal to the justice department,” Kinzinger said, referring to Trump’s prolific pressuring of the DOJ.“But that has to do with other pretty horrific things, and I think the president has made it clear that we need answers to this. The vast majority of Americans agree, so this potential criminal contempt referral for Steve Bannon is the first shot over the bow.”The 6 January committee has issued a number of subpoenas in recent days and weeks to former Trump acolytes or administration officials thought to have key knowledge of the events of the day.Last week’s subpoena for the former top DOJ official Jeffrey Clark was seen as an escalation of its investigation into Trump’s efforts to overturn his election defeat and subsequent false claims that he was cheated out of victory, otherwise known as the big lie.The Guardian reported earlier this month that Trump had directed aides including Bannon, the former White House chief of staff Mark Meadows, deputy chief of staff Dan Scavino and defense department aide Kash Patel not to testify.Trump granted clemency to Bannon over federal fraud charges in one of his last acts before leaving office on 20 January. Kinzinger was also asked if Trump would receive a subpoena.“We want to make sure we’re getting every piece of this puzzle, that’s going to include people that have already come in talking to us, it’s going to include people that we’ll potentially subpoena in the future, whose names you probably never heard [and] will have a very good incentive to come in and talk,” he said.“That begins to put the building blocks in this together. Speaking honestly, if we subpoena all of a sudden the former president, we know that’s going to become kind of a circus, so that’s not necessarily something we want to do up front. But if he has pieces of information we need, we certainly will.”TopicsUS Capitol attackSteve BannonUS politicsnewsReuse this content More

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      Steve Bannon: Capitol attack panel to consider criminal contempt referral

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      Steve BannonSteve Bannon: Capitol attack panel to consider criminal contempt referralHouse 6 January select committee to decide on Trump’s former strategist, who has snubbed subpoena requests, on Tuesday Hugo Lowell in WashingtonThu 14 Oct 2021 14.52 EDTFirst published on Thu 14 Oct 2021 13.54 EDTBennie Thompson, the chairman of the House select committee investigating the Capitol attack on Thursday announced the panel’s intention to consider a criminal contempt referral against Trump’s former strategist Steve Bannon for defying a subpoena as part of its 6 January inquiry.The vow to initiate contempt of Congress proceedings against Bannon – one of Donald Trump’s top advisers – puts the select committee on the path to enforce the subpoena issued to uncover what the former president knew in advance of plans to mount an insurrection.House Capitol attack panel issues subpoena to Trump official Jeffrey ClarkRead moreThompson said in a statement that the committee would move to consider prosecuting Bannon for refusing to comply with a subpoena demanding documents and testimony after rejecting his claims that he could not appear for a deposition because of executive privilege.“The select committee will not tolerate defiance of our subpoenas, so we must move forward with proceedings to refer Mr Bannon for criminal contempt,” Thompson said. “Witnesses who try to stonewall the select committee will not succeed.”The select committee will meet on Tuesday to decide whether to recommend the full House authorize a criminal referral for Bannon to the justice department, Thompson said, though with the panel’s members united in their fury, the decision is expected to be unanimous.House select committee investigators had ordered Bannon and Kash Patel, a former Trump defense department aide, to testify on Thursday, with additional closed-door interviews with Trump’s former White House chief of staff Mark Meadows and his deputy, Dan Scavino, on Friday.Neither Bannon nor Patel ultimately appeared on Capitol Hill for the first set of scheduled depositions, after Trump instructed his aides to defy the subpoenas on grounds that any discussions that involved him were protected by executive privilege.The select committee temporarily postponed depositions with Patel and Meadows while their lawyers continued to discuss cooperation, according to a source familiar with the matter. Scavino was also granted a reprieve after having his subpoena served late.But Thompson made clear that he had run out of patience with Bannon, who twice told the select committee that he intended to defy his subpoena in its entirety, abiding by the former president’s instructions first reported by the Guardian.“Mr Bannon has declined to cooperate with the select committee, and is instead hiding behind the former president’s insufficient, blanket, and vague statements regarding privileges,” Thompson said. “We reject his position entirely.”The select committee chairman also rejected Bannon’s executive privilege claim, in part because the protection exists to protect the interests of the country, and not the private, political interests of a former president, the source said.Once the select committee adopts a contempt report, it is referred to the full House for a vote. Should the House approve the report, Congress can then send the request for a criminal referral to the US attorney for the District of Columbia.The earliest the select committee can vote to adopt a contempt report for Bannon is Tuesday, because House rules require Thompson to issue a three-day notice in advance of a business meeting at which members can discharge the report.Congresswoman Stephanie Murphy, a member of the select committee, said on MSNBC that the panel was moving to enforce the subpoenas as soon as it could. “I fully expect this Department of Justice to uphold and enforce that subpoena,” she added.House select committee investigators had expressed optimism when they first issued subpoenas to the four Trump administration officials that they would be able to hear from at least one of their marquee witnesses on the scheduled deposition dates.Yet the initial optimism rapidly turned sour in the weeks that followed, after Trump announced his intention to block the select committee at every turn and the prospects of deposing some of the closest aides to the former president vanished before their eyes.The move to consider launching a criminal referral for Bannon to the justice department sets up a potentially lengthy legal battle that is certain to test Congress’s oversight authority over the executive branch and ability to uncover presidential secrets.And in preparing for the first step to hold Bannon in contempt of Congress, the select committee now faces the prospect of fighting Trump in court on two fronts – over the release of White House records, as well as his power to block his aides’ testimony.The former president, however, faces a steep uphill struggle in both instances after the justice department previously authorized officials from the Trump administration to testify to Congress about the Capitol attack and Trump’s efforts to subvert the 2020 election.TopicsSteve BannonUS Capitol attackUS politicsHouse of RepresentativesnewsReuse this content More