What will happen in Congress today as the January 6 committee moves forward to

On Oct 19, 2021

Committee Chairman Bennie Thompson told CNN on Tuesday that he expects the full House to vote on criminal contempt charges for Bannon before the end of the week. After the full House vote, it would then get referred to the Justice Department.

The criminal contempt report is expected to move to the floor without any opposition from the committee members and marks a critical milestone in the investigation as the panel hopes even the remote threat of jail time inspires more Trump-aligned witnesses to cooperate.

Any individual who is found liable for contempt of Congress would be guilty of a crime that may result in a fine and between one and 12 months imprisonment. But this process is rarely invoked and rarely leads to jail time — though the House’s pursuit of criminal charges may be more about making an example out of Bannon and sending a message to other potential witnesses.

The contempt report, which was released Monday night, outlines the efforts the committee made to get a witness to comply with the subpoena, and the failure by the witness to do so.

Ahead of its business meeting Tuesday night, the committee released new correspondence detailing that Bannon’s lawyer wrote to the committee asking to delay Tuesday’s meeting in light of Trump filing his lawsuit against the National Archives.

“In light of this late filing, we respectfully request a one-week adjournment,” Bannon’s lawyer, Robert J. Costello, wrote on Monday.

Thompson, a Mississippi Democrat, subsequently denied the request to delay the committee’s business meeting to move forward with criminal contempt because he argued the litigation Costello is referring to “is immaterial to the Select Committee’s demand for documents and testimony from Mr. Bannon.”

Following Tuesday’s meeting, the report is then referred to the House for a vote. If the vote succeeds, House Speaker Nancy Pelosi certifies the report to the United States attorney for the District of Columbia. Under law, this certification then requires the United States attorney to “bring the matter before the grand jury for its action,” but the Justice Department will also make its own determinations for prosecution.

As severe as a criminal contempt referral sounds, the House’s choice to use the Justice Department may be more of a warning shot than a solution. Holding Bannon in criminal contempt through a prosecution could take years, and historically, criminal contempt cases have been derailed by appeals and acquittals.

Here's what happens if a congressional subpoena is ignored (and what it means for the January 6 committee)

The committee sent a letter to Bannon on Friday rejecting his argument for failing to comply with its subpoena and dismissing his claim of executive privilege, particularly as it relates to his communications with individuals other than Trump, according to a copy obtained by CNN.

Bannon has previously argued that he is unable to cooperate with the committee until matters of executive privilege are resolved by the courts, but Friday’s response makes clear the panel believes his “willful refusal to comply with the Subpoena constitutes a violation of federal law.”

“As was explained in the Select Committee’s October 8, 2021 letter … the former President has not communicated any such assertion of privilege, whether…

What will happen in Congress today as the January 6 committee moves forward to

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