- Bannon’s lawyer said that Trump’s lawyer Justin Clark had informed Bannon on Wednesday that Trump would be exercising executive privilege
- Trump’s lawyer directed Bannon not to produce documents or testify until the matter had been settled
- Bannon’s lawyer said he would reconsider testifying once the executive privilege matter is settled
- If the panel votes to charge Bannon, he faces a $100K fine or up to a year in jail
The House committee investigating the Jan. 6 riot announced it would move forward with criminal charges after Steve Bannon skipped out on his subpoena to testify, insisting he would not do so until the matter of former President Trump‘s executive privilege is settled.
Rep. Bennie Thompson, chair of the select committee, said in a statement that Bannon was ‘hiding behind insufficient, blanket and vague statements regarding privileges he has purported to invoke.’
‘The Select Committee will not tolerate defiance of our subpoenas, so we must move forward with proceedings to refer Mr. Bannon for criminal contempt.’
The panel is scheduled to vote on the criminal referral on Tuesday night, and if charged Bannon faces up to a year in jail or a $100,000 fine.
Trump slammed the news of possible criminal charges.
‘The January 6th Unselect Committee composed of Radical Left Democrats and a few horrible RINO Republicans is looking to hold people in criminal contempt for things relative to the Protest, when in fact they should hold themselves in criminal contempt for cheating in the Election, making up the Fake Russia, Russia, Russia, and Ukraine, Ukraine, Ukraine Scams, the Afghanistan debacle, the Southern Border Crisis, the crashing economy, and record-setting inflation,’ he said.
Meanwhile, former Pentagon aide Kash Patel also skipped out on his scheduled deposition before the committee. Lawmakers had previously said Patel was ‘engaging’ with them.
‘He didn’t show up. He’s continuing to engage,’ Illinois Republican Rep. Adam Kinzinger, a member of the panel, told CQ Roll Call. ‘We have a limited threshold of patience for that.’
Former White House chief of staff Mark Meadows and former White House communications aide Dan Scavino are scheduled to testify on Friday. The committee said Meadows was also ‘engaging,’ though it said nothing of Trump’s former social media wizard Scavino.
Bannon’s lawyer on Thursday wrote a letter to the House select committee chair Rep. Bennie Thompson, reiterating to the committee that the former Trump adviser had no intention of testifying.
Bannon’s lawyer, Robert Costello, said that Trump’s lawyer Justin Clark had informed Bannon on Wednesday that Trump would be exercising executive privilege and directed Bannon not to produce documents or testify until the matter had been settled.
The letter argued that ‘Bannon’s position is not in defiance of your Committee’s subpoena.’
‘That is an issue between the committee and President Trump’s counsel and Mr. Bannon is not required to respond at this time,’ Costello wrote.
The House committee last week gave Bannon until this Thursday to appear before them, at which point they threatened to pursue criminal charges.
‘We will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral,’ said committee chairman Bennie Thompson and vice vhair Liz Cheney in a statement last week.
‘Until such time as you reach an agreement with President Trump or receive a court ruling as to the extent, scope and application of the executive privilege, in order to preserve the claim of executive or other privileges, Mr. Bannon will not be producing documents or testifying,’ Costello said. ‘Mr. Bannon will revisit his position if President Trump’s position changes or if a court rules on the matter.’
The letter noted that Bannon had been compliant with subpoenas to testify during the Mueller investigation and before the House and Senate Intelligence Committees. ‘In each of those instances, when President Trump waived his invocation of executive privileges, Mr. Bannon testified.’
Costello is a former deputy chief of the criminal division for the U.S. Attorney’s Office in the Southern District of New York.
Former Pentagon aide Kash Patel also skipped out on his scheduled deposition before the committee
‘We will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral,’ said committee chairman Bennie Thompson and vice vhair Liz Cheney in a statement last week.
‘Until such time as you reach an agreement with President Trump or receive a court ruling as to the extent, scope and application of the executive privilege, in order to preserve the claim of executive or other privileges, Mr. Bannon will not be producing documents or testifying,’ Costello said. ‘Mr. Bannon will revisit his position if President Trump’s position changes or if a court rules on the matter.’
The letter noted that Bannon had been compliant with subpoenas to testify during the Mueller investigation and before the House and Senate Intelligence Committees. ‘In each of those instances, when President Trump waived his invocation of executive privileges, Mr. Bannon testified.’
Costello is a former deputy chief of the criminal division for the U.S. Attorney’s Office in the Southern District of New York.
‘We will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral,’ said committee chairman Bennie Thompson and vice vhair Liz Cheney in a statement last week.
‘Until such time as you reach an agreement with President Trump or receive a court ruling as to the extent, scope and application of the executive privilege, in order to preserve the claim of executive or other privileges, Mr. Bannon will not be producing documents or testifying,’ Costello said. ‘Mr. Bannon will revisit his position if President Trump’s position changes or if a court rules on the matter.’
The letter noted that Bannon had been compliant with subpoenas to testify during the Mueller investigation and before the House and Senate Intelligence Committees. ‘In each of those instances, when President Trump waived his invocation of executive privileges, Mr. Bannon testified.’
Costello is a former deputy chief of the criminal division for the U.S. Attorney’s Office in the Southern District of New York.