We confess, the staff at this site has always hesitated when it came to the subject of arresting those who defy a Congressional subpoena, not because it wasn’t deserved, but because the United States already has (or had) a perfectly good department to arrest and toss people in jail. It is called the Department of Justice.

We also had nightmares about what the Republicans might do with that power when they once again control the House.

But given that we are having trouble finding our DOJ, never mind hearing from them, the idea of Congress simply enforcing its own subpoenas doesn’t just sound like a good idea, it sounds like a necessary idea.

During a press conference today, Merrick Garland was asked about the Steve Bannon case and why-when Bannon would be arrested for defying Congress’s subpoena. Garland appropriately had no comment about an ongoing case (the only acceptable answer) but then said “it is under investigation.”

What. The. Fck. is there to investigate? Congress issued a subpoena, identical to a court-ordered subpoena (in power) to show up at a certain place at a certain time and answer questions.

Bannon is free to seek a court order enjoining the congressional subpoena until it can hear Bannon’s objections. Bannon is free to show up and refuse to answer questions by invoking his 5th Amendment rights. But absent some legitimate reason everyone understands, such as “It was scheduled for the day the my daughter was getting married,” or saying beforehand, “Though I remain unaware of it, I will be hit by a bus and be in intensive care on that day,” he has no justification for not showing up. Other than the questions above, there is nothing else to investigate!

He is not even “potentially” covered by Trump’s lawsuit about executive privilege because Bannon wasn’t part of the Trump administration at the time. He can show up and try to claim executive privilege, and see how that goes, but he can no more ignore it than you can ignore your court dates. You will be arrested. Why has Bannon not been arrested?

Unlike DOJ, the House doesn’t have the luxury of waiting months to arrest a person and Merrick Garland knows it. Garland more than earned our fury months ago (I wrote “Garland Must Go”) a week ago and the case is that much stronger today.

Thus, the House truly has no choice but to ask its Sargeant of Arms to go out, find Bannon, and drag him back into the jail in the basement of the Capitol, and wait until he’s determined that it’s time to talk. Of course, he’ll try to get a court order to release him, but someone, either from Congress or DOJ, will be there saying, “No, he must testify or waste away in jail.

This case doesn’t require investigation beyond verifying whether the subpoena was legal (it was), whether it was properly served, (it was), and whether Bannon has legal justification for ignoring it entirely (he doesn’t.) That’s it, that’s the list and that’s why Rep. Connolly had fire emanating from his ears as he explained to our favorite analyst, Nicolle Wallace, why the House Sargeant at arms should just throw him in jail.

Of course, Connolly says “anyone” who defies subpoenas, but he was one guy in particular and wants other possible examples on notice:

Rep. Connolly suggests it’s time for Congress to direct the Sergeant at Arms to arrest people who defy subpoenas pic.twitter.com/1mPfx7xqjY

— Acyn (@Acyn) November 8, 2021

Damn right.

****
[email protected] and on Twitter @JasonMiciak

Substack Newsletter: Much Ado About Everything

The opinions expressed by contributors and/or content partners are their own and do not necessarily reflect the views of LeftScoop.news. Contact us for guidelines on submitting your own commentary.