Catching Up with the Steve Bannon Contempt Prosecution

The Lawfare Podcast

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4.7 • 6.2K Ratings

🗓️ 18 May 2022

⏱️ 57 minutes

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Summary

In October 2021, the House of Representatives voted to find Trump associate Steve Bannon in contempt of Congress after Bannon refused to comply with a subpoena from the House select committee investigating the Jan. 6 insurrection. In November 2021, the Justice Department indicted Bannon, and the trial is currently scheduled to begin this summer. So what’s been happening in the interim?

To catch up, Quinta Jurecic spoke with Lawfare senior editors Roger Parloff and Jonathan David Shaub. Roger has been following the Bannon prosecution closely and wrote about it in a recent Lawfare article—and Jonathan has written a great deal on Lawfare about the Office of Legal Counsel’s positions on executive privilege, including how they might affect prosecutions for contempt of Congress. Bannon recently filed a motion to dismiss, making the argument that he believed Donald Trump’s supposed invocation of executive privilege made it unnecessary for him to comply with the subpoena—relying heavily on memos from OLC. What should we make of Bannon’s arguments? How is the Justice Department navigating a legally tricky situation? And what, if anything, might this case tell us about the other contempt of Congress cases coming out of the Jan. 6 committee, which the Justice Department has yet to bring?

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Transcript

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0:25.6	no bull and the aftermath.
0:31.6	3Lit Awards is back for another season exclusively on Amazon Music.
0:39.0	The lowest people to bring in 3 words of meaning and significance to their lives and we use
0:44.2	that as a springboard for conversation and then at the end of the show we ask them for
0:48.5	a word that they'll be happy never to hear again.
0:51.8	So that's 3Lit Awards with made John Bishop and Tony Pitts listen to it every Friday exclusively
0:58.2	on Amazon Music.
1:07.6	So his argument is there's some pre-core precedent that says a former president can assert
1:12.3	privilege.
1:13.3	President Trump had directed me not to comply.
1:16.9	The part about whether he asserted privilege or not is actually this is actually how it
1:20.9	happens most of the time with the executive branch.
1:23.8	There's not an assertion of privilege.
1:26.4	There's an assertion that there might be an assertion of privilege.
1:30.2	I'm Quinted Jurassic and this is the LawFair podcast May 18th, 2022.
1:37.4	In October 2021, the House of Representatives voted to find Trump associate Steve Bannon
1:42.6	in contempt of Congress after Bannon refused to comply with a subpoena from the House
1:47.7	Select Committee investigating the January 6th insurrection.
	...

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