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Glenn Kirschner: Steve Bannon Headed for Prosecution for Criminal Contempt. Here’s What Congress Should Tackle Next.

25/10/2021

Trump and his cronies, enablers etc need to be held to account in a court of law. Bannon should be a prime target

October 15,2021

Steve Bannon refused to appear before Congress in violation of a lawfully issued congressional subpoena. Rep Bennie Thompson, the Chairman of the House Select Committee investigating the January 6 attack on the US Capitol, indicated that Congress will refer Bannon to the Department of Justice for prosecution for criminal contempt on Congress.

This video takes on three issues that must now be addressed:

1. Trump urged Bannon to refuse to comply with the subpoena, which supports a finding that Trump and Bannon are in a criminal conspiracy to obstruct justice. Accordingly, Trump should also be referred to the DOJ for criminal investigation and prosecution.

2. Congress should also deploy its inherent power of contempt to compel Bannon’s testimony in real time. I authored a piece for NBC News blog Think more than two years ago making the argument that Congress needs to get serious about enforcing its subpoenas by using its lawful power of inherent contempt. Indeed, more than 200 years ago (and again in the 1920s and 1930s) the Supreme Court ruled that inherent contempt is a lawful and constitutional power of Congress. My article can be found here: https://www.nbcnews.com/think/opinion…

3. This is no time for timidity, hand-wringing and legal navel gazing. Although there are litigation risks to pursuing inherent contempt, now is the time to take that risk.

This video discusses why

About Glenn Kirschner

Glenn Kirschner brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor and Army JAG. Glenn is an NBC News and MSNBC legal analyst and teaches criminal law at George Washington University.

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