The legal tool Democrats are using against the former Trump adviser hasn't been successfully prosecuted a single time since the Reagan administration
issued Monday night, and the panel voted unanimously to hold Bannon in contempt in a Tuesday evening vote.
Some legal experts who helped House Democrats argue against criminal contempt charges for then-IRS official Lois Lerner in 2014 said Bannon’s case is so clear-cut that it’s worth bringing sanctions against him — even if it doesn’t result in getting the testimony they’re seeking. The history of congressional contempt proceedings is replete with cases that landed on DOJ'’s doorstep only to be rejected. A Republican-led House’s contempt referral against Attorney General Eric Holder got refused in 2012, and in 2008 DOJ argued on behalf of two Bush White House officials fighting a congressional demand for information.
Democrats say Bannon’s conduct is particularly brazen because he is refusing to answer any of the committee’s questions. Indeed, he declined to show up at all to his Oct. 14 deposition. Democrats contend that Trump’s departure from office and the fact that Bannon was only an informal adviser to Trump on Jan. 6 further undercut the executive privilege claims, but the courts have not indicated that either of those facts is fatal.
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