House Democrats File Amicus Brief in Steve Bannon Prosecution

May 11, 2022 by Tom Ramstack
House Democrats File Amicus Brief in Steve Bannon Prosecution
Former White House strategist Steve Bannon arrives at the FBI Washington Field Office, Monday, Nov., 15, 2021, in Washington. (AP Photo/Jose Luis Magana)

WASHINGTON — U.S. House Democrats are trying to intervene in the upcoming trial of Trump advisor Steve Bannon to counter his request to a federal court to dismiss charges against him for contempt of Congress.

They have prepared an amicus brief that calls Bannon’s arguments “deeply flawed.”

Bannon refused to comply with a subpoena to testify before the House committee investigating the Jan. 6, 2021, insurrection at the Capitol. He is set for trial in July.

He argued in his motion for dismissal that the House Select Committee lacked authority to subpoena anyone because its members were improperly appointed under the procedures authorized by Congress.

As a result, the U.S. District Court for the District of Columbia should intervene by protecting Bannon from prosecution, his motion says.

The House Select Committee to Investigate the Jan. 6th Attack on the United States Capitol was authorized under a congressional resolution that says, in part, “The speaker [of the House] shall appoint 13 members to the select committee, five of whom shall be appointed after consultation with the minority leader.”

The speaker of the House refers to Rep. Nancy Pelosi, D-Calif. The minority leader refers to Rep. Kevin McCarthy, R-Calif.

“Nonetheless, the speaker did not follow this mandatory language,” Bannon’s motion says. “In an unprecedented step, the speaker rejected the nominees suggested by the minority leader. …”

It adds that Pelosi “instead appointed nine members to the select committee of her own choosing.”

The result was that Bannon says he should be allowed to ignore the subpoena because of Pelosi’s inappropriate appointment procedures.

He also claims that he is being prosecuted not for his own wrongdoing but “to send a message to other potential deponents.”

The House amicus brief answers that the procedures were a matter of the House speaker’s discretion under the internal rules of Congress. It also says the separation of power described in the Constitution means a federal court lacks jurisdiction to decide the issue.

Bannon’s arguments “ignore the deference that a court owes the House regarding the meaning and application of its own rules and procedures, and the presumption of regularity due Congress,” the House amicus brief says.

An amicus curiae, or friend of the court, brief is a court filing by an individual or organization that is not a party to a legal case, but is allowed to contribute information, expertise or insight that has a bearing on the issues.

When Bannon was indicted by a grand jury last year, the evidence against him included his public statements before the Jan. 6, 2021, insurrection.

He predicted on his podcast on Jan. 5, 2021, that “[a]ll hell is going to break loose tomorrow.” He also said that “[s]o many people said, ‘Man, if I was in a revolution, I would be in Washington.’ Well, this is your time in history.”

At another point, he said the United States was facing a “constitutional crisis,” adding, “That crisis is about to go up about five orders of magnitude tomorrow.”

Bannon’s predictions of insurrection led to accusations from lawmakers that he might have inside information about the Trump administration’s effort to incite the mob. He has denied any involvement.

Pelosi explained why she wanted the amicus brief filed in the Bannon case by saying in a statement, “No one is above the law. As the House’s amicus brief makes crystal clear, the subpoena of Steve Bannon issued by the select committee is legally valid, urgently needed and must be enforced. Bannon is a key witness to the Jan. 6 insurrection, who holds information central to the House’s investigative and legislative efforts to defend American democracy.”

So far, Bannon has lost in his previous attempts to avoid punishment.

On April 6, a federal judge granted prosecutors’ request to block Bannon from asserting at trial that he should not be liable because he was following the advice of his counsel in ignoring the subpoena.

Tom can be reached at [email protected] and @TomRamstack

A+
a-
  • Congress
  • Select House Committee Investigating the Jan 6 Riot at the Capitol
  • Steve Bannon
  • In The News

    Health

    Voting

    Congress

    May 9, 2025
    by Dan McCue
    GOP Lawmakers Reject Proposal to Raise SALT Cap to $30,000

    WASHINGTON — A quartet of Republican members from New York State have rejected a House Ways and Means Committee proposal... Read More

    WASHINGTON — A quartet of Republican members from New York State have rejected a House Ways and Means Committee proposal to raise the state and local tax deduction cap to $30,000 to avoid an intra-party impasse preventing an extension of President Donald Trump’s 2017 tax cuts.... Read More

    May 8, 2025
    by Tom Ramstack
    Trump’s Foreign Aid Revisions Find Skeptics at House Hearing

    WASHINGTON — Trump administration plans for an 85% cut to the State Department’s diplomacy and development programs drew tough scrutiny... Read More

    WASHINGTON — Trump administration plans for an 85% cut to the State Department’s diplomacy and development programs drew tough scrutiny from a congressional committee Thursday. President Donald Trump and his Republican supporters say the U.S. foreign aid budget cannot be justified while the nation confronts a... Read More

    GOP Centrists Revolt Against Steep Cuts to Medicaid and Other Programs in Trump's Tax Breaks Bill

    WASHINGTON (AP) — When it comes to Medicaid, Rep. Juan Ciscomani is telling fellow Republicans he won't support steep cuts that could... Read More

    WASHINGTON (AP) — When it comes to Medicaid, Rep. Juan Ciscomani is telling fellow Republicans he won't support steep cuts that could hit thousands of residents in his Arizona district — “my neighbors, people my kids go to school with” — who depend on it. Republican Rep. Don Bacon,... Read More

    May 7, 2025
    by Dan McCue
    New Yorkers Reintroduce Bill to Ensure Access to IVF

    WASHINGTON — A  pair of lawmakers from New York, Reps. Mike Lawler, a Republican, and Laura Gillen, a Democrat, have... Read More

    WASHINGTON — A  pair of lawmakers from New York, Reps. Mike Lawler, a Republican, and Laura Gillen, a Democrat, have reintroduced a bill that’s been floated in every Congress since 2022 that would establish a federal legal right to in-vitro fertilization and other assisted reproductive services.... Read More

    May 7, 2025
    by Dan McCue
    Bipartisan Bill Seeks to Bolster Nursing at High-Need Schools

    WASHINGTON — A bipartisan bill reintroduced Wednesday would establish a grant program under the auspices of the Department of Education... Read More

    WASHINGTON — A bipartisan bill reintroduced Wednesday would establish a grant program under the auspices of the Department of Education to give high-need schools the ability to hire and retain additional school nurses. “All too often, when school districts like that in Clark County, Nevada, are... Read More

    May 2, 2025
    by Dan McCue
    President Unveils $1.7T Budget Proposal, Seeks to Slash $164B in Fed Spending

    WASHINGTON — President Donald Trump on Friday released a $1.7 trillion partial spending plan for the next fiscal year that... Read More

    WASHINGTON — President Donald Trump on Friday released a $1.7 trillion partial spending plan for the next fiscal year that includes $163 billion in cuts to climate, renewable energy, education and health and housing programs. While it remains to be seen to what extent Congress will... Read More

    News From The Well
    scroll top