Bannon case tests Congress’ power
WASHINGTON >> The U.S. House is expected to hold Steve Bannon in contempt of Congress. It’s up to the Justice Department, and the courts, to determine what happens next.
As lawmakers ready a Thursday vote to send a contempt referral to the U.S. attorney’s office in Washington, there’s considerable uncertainty about whether the Justice Department will prosecute Bannon for refusing to cooperate with the investigation into the Jan. 6 insurrection, despite Democratic demands for action.
The outcome could determine not only the effectiveness of the House investigation, but the strength of Congress’ power to call witnesses and demand information — factors that will certainly be weighing on Justice officials as they determine whether to move forward. While the department has historically been reticent to use its prosecution power against witnesses found in contempt of Congress, the circumstances are exceptional as lawmakers investigate the worst attack on the U.S. Capitol in two centuries.
If Congress can’t perform its oversight job, the message sent to “the general public is these subpoenas are a joke,” said Stephen Saltzburg, a George Washington University law professor and former Justice Department official. He said if Attorney General Merrick Garland, a former federal judge whom Saltzburg regards
“as one of the most nonpartisan people I know,” doesn’t authorize a prosecution, “he’s going to be letting the Constitution, it seems to me, be placed in jeopardy. And it’s way too important for him to let that happen.”
Democrats are pressuring Justice to take the case, arguing that nothing less than democracy is at stake.
“The stakes are enormous,” said Maryland Rep. Jamie Raskin, a member of the panel. “The Congress of the United States under Article One has the power to investigate in order to inform our deliberations about how to legislate going forward. That’s what this is about.”
Still, prosecution is not a given. Assuming his post after a turbulent Trump era, Garland has prioritized restoring what he has called “the norms” of the department. On his first day, he told rankand-file prosecutors that they should be focused on equal justice and not feel pressure to protect the president’s allies or to attack his enemies. He has repeatedly said political considerations shouldn’t play a role in any decisions.