WASHINGTON – The House committee tasked with examining the Jan. 6 insurrection at the U.S. Capitol voted unanimously on Tuesday night to refer former Trump adviser Steve Bannon for criminal contempt
“When you think about what we’re investigating — a violent attack on the seat of our democracy, perpetrated by fellow citizens on our Constitution, an attempt to stop the certification of an election — it’s shocking to me, shocking that anyone would not do anything in their power to assist our investigation,” said Rep. Bennie Thompson, D-Miss., who chairs the committee.
The committee subpoenaed Bannon, along with several other individuals who were close to former President Donald Trump, in late September. Bannon earlier this month refused to comply with the subpoena, claiming the information is protected by executive privilege.
The committee unanimously voted to adopt the contempt report against Bannon, setting up a vote before the full chamber. Bannon could face up to 12 months in prison and up to $100,000 in fines for the charges.
The committee is seeking Bannon’s relevant records and answers to questions related to the riot, Thompson said. He added that, so far, Bannon is alone in his refusal to cooperate.
“That’s not acceptable,” Thompson said. “No one in this country, no matter how wealthy or how powerful, is above the law. Left unaddressed, this defiance may encourage others to follow Mr. Bannon down this path.”
Vice Chairwoman Liz Cheney, R-Wyo., said that based on the committee’s investigation, it appears Bannon might have had substantial advance knowledge of the planned insurrection and might have played an important role in formulating those plans.
Cheney cited Bannon’s radio show from Jan. 5, in which he said that “all hell is going to break loose tomorrow” and that the day would be “extraordinarily different than what most Americans expected.”
Bannon has defied the committee’s subpoena based on Trump’s assertion of executive privilege, Cheney added.
Trump recently pushed back on the committee’s efforts to obtain presidential records related to Jan. 6. The former president filed a lawsuit on Monday to halt the release of records by the National Archives, claiming they are protected by executive privilege.
There is no basis for absolute or unqualified privilege for presidential communications and no privilege that could shield Bannon from testimony, Cheney said on Tuesday.
“Mr. Bannon’s and Mr. Trump’s privilege arguments do, however, appear to reveal one thing,” she said. “They suggest that President Trump was personally involved in the planning and execution of Jan. 6, and this committee will get to the bottom of that.”
The full House is set to vote on the criminal contempt charges on Thursday.
Correction: An earlier version of this article claimed that Steve Bannon’s statements on Jan. 5 were made on twitter. Bannon’s statements on Jan. 5 were made on his radio show.