The US Department of Justice (DOJ) could soon make a decision on whether to pursue criminal charges against former Trump White House strategist Stephen Bannon over his decision to defy a congressional subpoena from the House committee investigating the Jan. 6 attack on the Capitol.
The law allows for Congress to refer a noncompliant witness to the DOJ for criminal prosecution, which could result in jail time, a fine or both, and the House committee has said it will refer Bannon for criminal prosecution by the (DOJ) if he doesn’t appear for a deposition slated for Thursday.
However, as noted by The Hill, “such a move would place Attorney General Merrick Garland in the center of a debate over whether to go after a former right-hand man of Donald Trump after vowing to restore the reputation of a department that was deeply politicized under the prior administration.”
The Trump administration has a long history of defying congressional investigators, and Bannon, through his lawyer, said he would disregard the subpoena until a yet-to-be-filed legal case from Trump resolved whether the former president can rely on executive privilege to bar his ex-employees from testifying before lawmakers.
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“We will comply with the direction of the courts,” Robert Costello, Bannon’s attorney, wrote in the letter.
Bannon is being sought for questioning surrounding his role in planning rallies on Jan. 6 — activity that came years after his brief stint as a White House adviser.
According to legal experts, Trump cannot claim executive privilege, as the protection only applies to sitting presidents.
Barbara McQuade, who served as a U.S. attorney during the Obama administration, said the referral provides the DOJ the opportunity to be an important accountability check on those in Trump’s orbit.
“There are a number of things prosecutors have to think about. One is, what is the deterrent effect of bringing a case here in light of the history of the Trump administration, allies and others thumbing their noses at congressional subpoenas and stalling? There’s a compelling case here for bringing criminal charges,” she said.
The DOJ did not respond to a request for comment.
