Posted on 06/07/2022 1:20:17 PM PDT by American Number 181269513
Steve Bannon, set to go to trial next month for defying a congressional subpoena, has subpoenaed House Speaker Nancy Pelosi and members of the House select committee investigating the January 6 insurrection as he builds his defense.
Bannon, a conservative firebrand who previously served as former President Donald Trump's chief strategist and senior counselor, was charged with two counts of contempt of Congress in November 2021 after refusing to testify and produce documents. He has pleaded not guilty.
Last week, Bannon's legal team subpoenaed 16 lawmakers and congressional staffers to testify at the July trial and produce documents, according to one of Bannon's attorneys and copies of the subpoenas provided to CNN. The subpoenas were aimed at all nine members of the select committee, three committee staffers and General Counsel for the House of Representatives Douglas Letter. Bannon also subpoenaed House Democratic leadership, including Pelosi, House Majority Leader Steny Hoyer and Rep. Jim Clyburn.
A spokesman for the House committee declined to comment. Spokespeople for Pelosi, Hoyer and Clyburn did not immediately respond to requests to comment.
Historically it has been a challenge to compel members of Congress to testify because their legislative activity is protected under the Constitution's Speech and Debate Clause.
"In this particular case I'm extremely confident that the staff members and members of the House would be shielded by the Speech and Debate Clause," said Thomas Spulak, who served as general counsel to the House of Representatives in the 1990s.
The lawmakers and staffers could file a motion to quash the subpoenas on those grounds.
"I'm very confident that defense would be upheld, and they will not be compelled to produce anything or appear for anything," Spulak said.
(Excerpt) Read more at cnn.com ...
Bannon should simply announce that he identifies as a black, transexual immigrant. That’ll get the Democrat/Communists off his back!
Thankfully I just stocked up on popcorn.
“In this particular case I’m extremely confident that the staff members and members of the House would be shielded by the Speech and Debate Clause,” said Thomas Spulak, who served as general counsel to the House of Representatives in the 1990s. “
That’s one defense.
Another is separation of powers.
And a 3rd is the fact Congress is superior to all the courts they created. Only the USSC is peer level in power.
I’m thinkin’ Bannon’s lawyers aren’t that good.
However, he is entitled to face his accusers.
It would seem to me that a criminal charge for refusing to cooperate with a committee would be one of the rare exceptions to the "Speech and Debate Clause."
Otherwise, the constitutional right of a defendant to face his accusers (and other material witnesses in the matter) has been undermined -- and the charges should be dismissed for this reason.
It's sort of like the impairments the U.S. Department of Justice faces when prosecuting foreign nationals for espionage. Many of the cases ultimately have to be dropped if the evidence presented against the accused would compromise national security if presented in a public court room.
How and since when does Bannon have authority to subpoena anyone?
*sorry*
Bannon mentioned on his morning program that we would hear some news about subpoenas today.
That’s one defense.
Another is separation of powers.
And a 3rd is the fact Congress is superior to all the courts they created. Only the USSC is peer level in power.
I’m thinkin’ Bannon’s lawyers aren’t that good.
You forgot the 4th. Do the Eric Holder. Just ignore it.
If squashed it would appear unseemly for congressional Dems, who are trying to hide their complicity in the Jan 6 protests. Much of the country realizes this is just partisan persecution, the sort of thing one would expect in some third world country. And now they are going after Navarro who had no connection whatsoever with Jan 6. These political games could ultimately backfire on the Dems, especially after the fraudulent impeachment proceedings they had against Trump.
👍
“How and since when does Bannon have authority to subpoena anyone?”
He’s filing a lawsuit isn’t he? He has the right to subpoena witnesses.
Bannon's lawyers are making the argument about the separation of powers by pointing out the hypocrisy. The 1/6 committee sent a subpoena to Bannon, a Presidential advisor. Bannon has said Trump has invoked executive priveledge, and as such the 1/6 committee cannot subpoena him without getting a court ruling first. They have not done that. The same is true with Navarro.
1 Federal Rule of Criminal Procedure 17
2 Since the 1940s
Basic trial/discovery procedure...been around a very long time.
Maybe his lawyers can subpoena someone.
“Bannon’s lawyers are making the argument about the separation of powers”
Bannon was not a Cabinet Member or a member of White House staff on 1/6. He was not even employed by the US government.
He has no Privilege argument from the date he quit taking money from the Trump White House until today.
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