Bannon’s felony criminal contempt charge has changed everything with respect to the Select Committee subpoenas. For entirely understandable reasons, the MAGAs were taken aback when someone actually addressed the law as applied to the need to respond to Congress. Moreover, the MAGAs – and many of us, including lawyers, have had to study up on the more subtle elements regarding the process.

First of all, Bannon’s felony charge doesn’t just go away if he agrees to testify next week. No, he has already committed the crime, the only question now is how much he can mitigate his eventual sentence and fine. That is going to cause some of the others awaiting rulings on “executive privilege” to pause and reconsider their options.

Additionally, even those who were within the Trump administration, (except Trump himself) cannot simply assert “executive privilege” and wait, and wait, and wait while ignoring the subpoena. Nope.

We will use Mark Meadows as an example. He will have to show up. He can refuse to answer questions that directly link to his interactions with Trump and his duties as chief of staff based upon court review of executive privilege. But Meadows – and others – must show up and answer questions that do not pertain to Trump or his job as chief of staff. The committee might well gain invaluable knowledge from answers not touching upon Trump or Meadows actual job.

Now Meadows knows he will be charged with criminal contempt and he cannot save himself criminally by then going into testifying, which will give Meadows (and others) something to strongly weigh in their decision.

The dynamic has changed to the point that the MAGAs have “Eric Holder” trending on Twitter this morning because Holder was cited for contempt of Congress. Left unsaid is that Holder testified nine times before Congress without a subpoena. The committee sought a civil subpoena and the judge refused to issue it. It is presumed that the judge didn’t find the contempt citation warranted.

To learn more about the actual process and consequences that Bannon now faces and its impact on others, one can follow the Twitter thread below or read my more thorough review of the situation on Substack Monday.

Excellent Twitter thread, as always, read from top to bottom, both tweets to make it easier to read:

…the US Attorney, Matthew Graves, signed indictment filing. His nomination reported out of committee on 9/23. On 10/21, House voted to refer the Bannon charges for prosecution. On 10/28, Graves confirmed on voice vote. On 11/5, he was sworn in. *Never* would a politically…/2 pic.twitter.com/ja5iYXF2n7

— Kurt Eichenwald (@kurteichenwald) November 12, 2021

…think case might be.) That is enough time for Graves to review work already done (on legal issues is important element), sign off, allow for presentation for grand jury which sits only on particular days of week, have presentation to grand jury which hands up indictment…/4

— Kurt Eichenwald (@kurteichenwald) November 12, 2021

…privilege. I think it's nonsense, and you might too. But that's no matter. Trump invoked it, and Meadows can reasonably say he needs a court to rule on whether that is valid for him to know what to do. BUT…and this is a big but…executive privilege…/6

— Kurt Eichenwald (@kurteichenwald) November 12, 2021

…want to ask him about his conversations with every other person outside the White House leading up to that day, including people like Bannon. Clearly not covered. Executive privilege is not a cone of protection for everyone near Trump. So yes, whether Meadows answers…/8

— Kurt Eichenwald (@kurteichenwald) November 12, 2021

…he and the committee could easily carve out sections of testimony that might be covered by privilege and agree to return to those sections later if courts rule that executive privilege does not extend to post-presidency.
end

— Kurt Eichenwald (@kurteichenwald) November 12, 2021

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[email protected] and on Twitter @JasonMiciak

Substack: Much Ado About Everything: By Jason Miciak

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