House Decides to Withdraw January 6 Committee's Claims in Bannon Trial

In a strategic legal maneuver, the House GOP leadership has announced plans to file a brief seeking to "withdraw" arguments made by the January 6 Committee in the case against Steve Bannon. Bannon, a close ally of former President Donald Trump, is currently battling to avoid prison time for contempt of Congress charges.

Speaker Mike Johnson (R-LA), Majority Leader Steve Scalise (R-LA), and Majority Whip Tom Emmer (R-MN) revealed this decision after a Bipartisan Legal Advisory Group vote, which passed along party lines. “The Bipartisan Legal Advisory Group voted 3-2 to file a brief with the D.C. Circuit in the case against Steve Bannon,” they stated. The brief will be filed after Bannon submits a petition for rehearing en banc and will support neither party explicitly.

The GOP leaders criticized former Speaker Nancy Pelosi (D-CA) for her handling of the Select Committee to Investigate the January 6 Attack on the U.S. Capitol. They claim Pelosi “abused her authority” in organizing the committee, particularly by rejecting two GOP picks and appointing Trump critics Liz Cheney (R-WY) and Adam Kinzinger (R-IL) instead.

Bannon was convicted in 2022 on two counts of contempt of Congress for refusing to comply with a subpoena from the committee, which dismissed his claim of executive privilege. He was sentenced to four months in prison, and a federal judge recently ordered him to report on July 1. Bannon has appealed to the Supreme Court to remain free while contesting his sentence.

Responding to the House's planned filing, Bannon praised the GOP leadership: “Speaker Johnson and House leadership showed tremendous courage in repudiating the illegally constituted J6 Committee and its activities/investigations.”

The January 6 Committee’s actions have faced significant opposition from other Trump allies as well. Peter Navarro, Dan Scavino, and Mark Meadows, all former White House officials, were also found in contempt of Congress for non-compliance with subpoenas. However, the Department of Justice declined to prosecute Scavino and Meadows, unlike Navarro, who is currently serving a four-month prison sentence.

Rep. Barry Loudermilk (R-GA), who chairs the House Administration Subcommittee on Oversight, has already filed a brief with the Supreme Court challenging the legitimacy of the January 6 Committee’s steps against Bannon. Additionally, over two dozen House Republicans have proposed a resolution to rescind January 6 Committee subpoenas against Trump’s associates and withdraw recommendations for their contempt charges.

Rep. Bennie Thompson (D-MS), the former chairman of the January 6 Committee, dismissed the impact of the GOP’s resolution, stating that the subpoenas were “litigated exhaustively” and upheld through various levels of the judiciary, including the Supreme Court.

The GOP-led House recently voted to hold Attorney General Merrick Garland in contempt of Congress for failing to comply with subpoenas related to an investigation into President Joe Biden’s handling of classified documents. Speaker Johnson has vowed to take the matter to court after the Department of Justice refused to prosecute Garland, citing executive privilege asserted by the president. Some GOP members are advocating for empowering the House sergeant-at-arms to detain Garland until he complies.

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