Republicans in Congress are desperately trying to save Steve Bannon from prison—and they’re coming up with some insane legal theories in the process.
Representative Barry Loudermilk filed a brief with the Supreme Court Wednesday not only asking them to throw out Bannon’s contempt of Congress case but also adopting the standard that if any witness in a congressional investigation thinks a subpoena isn’t valid, they can ignore it.
It’s a crazy thing to push in a legal filing, and it completely ignores the facts of Bannon’s case: He didn’t make any such legal arguments until after he had flouted the subpoena against him. Subpoenas are meant to compel someone to come to court and testify. The idea that a witness should be allowed to ignore one would defeat their entire purpose.
Loudermilk’s filing didn’t even come from House lawyers, but rather outside counsel: Stephen Miller’s America First Legal firm, to be exact.
The move follows another last-ditch effort late Tuesday night, when Speaker Mike Johnson and other GOP leaders held a secret vote to reject the previous Congress’s formal position on the January 6 committee. The Republicans’ hope was that their vote would undermine the legitimacy of the congressional committee and its subpoena of Bannon in turn, and allow members of Congress to file briefs on behalf of Bannon against the committee. It seems that Loudermilk’s brief came as a result of their efforts.
It’s unclear whether House Republicans will be able to make Bannon’s indictment, conviction, and four-month prison sentence just go away. Former Trump White House aide Peter Navarro also appealed to the Supreme Court to dodge his contempt of Congress sentence and failed, but he didn’t have America First Legal and House Republicans backing him. It remains to be seen whether this right-wing Supreme Court will help Bannon avoid serving time in a place such as Rikers Island.
