The bipartisan Jan. 6 select committee will vote Tuesday on whether to refer Bannon to the Justice Department for criminal prosecution for contempt of Congress.
from a congressional committee investigating the Jan. 6 Capitol riot could result in serious consequences for the former Trump White House strategist, but there are a few big question marks about whether he will actually face criminal prosecution.
There has been speculation that Bannon might file lawsuits to evade the congressional subpoena. But Jonathan David Shaub, a former attorney for the Justice Department’s Office of Legal Counsel, told Yahoo News that the DOJ may be hesitant to prosecute Bannon because of the way it has handled similar cases in the past. Bannon has claimed he cannot cooperate because Trump has claimed executive privilege over his testimony, even though Bannon had not been a government employee for years on Jan. 6.
“White House assertions of executive privilege for presidential communications have historically been confined to individuals who were executive branch employees when those communications occurred,”“It appears that recent testimony by [Lewandowski and Kobach] are likely the first times the executive branch has actually made such an assertion to Congress.”
“The real reason Bannon’s executive privilege arguments are so weak is that his testimony about the events leading up to Jan. 6 almost certainly has no relation to Trump’s ‘official’ duties as president and relate solely to actions Trump was taking in his personal and political capacity, which is legally distinct,” Shaub told Yahoo News.
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