The indictment is a first. No one has ever been prosecuted before for contempt of Congress when executive privilege was asserted.
The indictment is a first. No one has been prosecuted before for contempt of Congress when executive privilege was asserted. The past cases involved defendants whose testimony was sought regarding their government service. Bannon, by contrast, left his White House job in 2017, well before the period of interest to the House committee.
The fact that the Justice Department was willing to charge Bannon with criminal contempt, despite an assertion of executive privilege, may help pressure other reluctant witnesses to agree to cooperate with the committee's investigation.Committee chair Bennie Thompson, D-Miss., and ranking member Rep. Liz Cheney, R-Wyo.
The extent of a former president's ability to invoke executive privilege has never been firmly established. The U.S. Court of Appeals for the District of Columbia has scheduled oral arguments for Nov. 30 on the issue, in the dispute between Trump and the National Archives over scores of Trump White House documents sought by the Jan. 6 committee.
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