Steve Bannon has surrendered to the FBI following a contempt of Congress indictment. Still, more such indictments need to follow because Bannon’s not the only Trump loyalist who has defied a subpoena from the select committee investigating the Jan. 6 attack on the U.S. Capitol. Former White House chief of staff Mark Meadows has also fully earned a contempt of Congress charge.
Typically, Bannon took the attention-grabbing route in responding to his Jan. 6 subpoena. He said from the beginning that he would not comply, and claimed executive privilege, even though—in addition to President Joe Biden, the actual president who determines executive privilege, saying he would not assert executive privilege—Bannon had not been a White House aide since 2017, long before the events in question. Donald Trump has no right to executive privilege here. Steve Bannon really has no claim.
By contrast, Meadows strung the select committee along, saying he was negotiating the terms of his deposition and what documents he would hand over. Eventually, the committee lost patience with this and demanded that he appear on Friday, Nov. 12. Meadows did not appear. That means it’s time for criminal contempt proceedings against him.
While Meadows pretended to be considering maybe possibly kinda sorta complying with the select committee’s subpoena, when he was told to show up or face the consequences, his lawyer went straight to Trump’s flawed executive privilege argument, saying, “Mr. Meadows remains under the instructions of former President Trump to respect longstanding principles of executive privilege. It now appears the courts will have to resolve this conflict.”
In other words, Meadows never intended to honor his subpoena and has been wasting the committee’s time for more than a month. He should have been referred for contempt charges at the same time Bannon was.
Trump is fighting in court to get his claims of executive privilege upheld, despite President Biden’s decision that the National Archives should turn over many documents to the select committee. Oral arguments are scheduled for Nov. 30 before Judge Ketanji Brown Jackson of the D.C. Circuit Court of Appeals, following a series of losses for Trump in district court. Given that timing, it seems likely that the select committee will wait for that court date to take more steps against Meadows, especially with Thanksgiving intervening. But if the committee’s leaders—Democrat Bennie Thompson and Republican Liz Cheney—feel that’s necessary, they should ensure that the contempt referral is ready to go the instant that case is decided. Meadows and Trump are trying to run out the clock. The only way to prevent that is to move decisively and promptly.
Typically, Bannon took the attention-grabbing route in responding to his Jan. 6 subpoena. He said from the beginning that he would not comply, and claimed executive privilege, even though—in addition to President Joe Biden, the actual president who determines executive privilege, saying he would not assert executive privilege—Bannon had not been a White House aide since 2017, long before the events in question. Donald Trump has no right to executive privilege here. Steve Bannon really has no claim.
By contrast, Meadows strung the select committee along, saying he was negotiating the terms of his deposition and what documents he would hand over. Eventually, the committee lost patience with this and demanded that he appear on Friday, Nov. 12. Meadows did not appear. That means it’s time for criminal contempt proceedings against him.
While Meadows pretended to be considering maybe possibly kinda sorta complying with the select committee’s subpoena, when he was told to show up or face the consequences, his lawyer went straight to Trump’s flawed executive privilege argument, saying, “Mr. Meadows remains under the instructions of former President Trump to respect longstanding principles of executive privilege. It now appears the courts will have to resolve this conflict.”
In other words, Meadows never intended to honor his subpoena and has been wasting the committee’s time for more than a month. He should have been referred for contempt charges at the same time Bannon was.
Trump is fighting in court to get his claims of executive privilege upheld, despite President Biden’s decision that the National Archives should turn over many documents to the select committee. Oral arguments are scheduled for Nov. 30 before Judge Ketanji Brown Jackson of the D.C. Circuit Court of Appeals, following a series of losses for Trump in district court. Given that timing, it seems likely that the select committee will wait for that court date to take more steps against Meadows, especially with Thanksgiving intervening. But if the committee’s leaders—Democrat Bennie Thompson and Republican Liz Cheney—feel that’s necessary, they should ensure that the contempt referral is ready to go the instant that case is decided. Meadows and Trump are trying to run out the clock. The only way to prevent that is to move decisively and promptly.