BREAKING: Former Trump adviser Steve Bannon indicted by federal grand jury, charged with contempt of Congress for refusing to answer questions from Jan. 6 committee.
The indictment is a first. No one has ever been prosecuted before for contempt of Congress when executive privilege was asserted. The past cases involved defendants whose testimony was sought regarding their government service. Bannon, by contrast, left his White House job in 2017, well before the period of interest to the House committee.
Attorney General Merrick Garland, in a brief statement, said,"Since my first day in office, I have promised Justice Department employees that together we would show the American people by word and deed that the department adheres to the rule of law, follows the facts and the law, and pursues equal justice under the law. Today's charges reflect the department’s steadfast commitment to these principles.
Bannon's lawyer, Robert Costello, told the committee in a letter that his client would not comply with the subpoena. The letter said former President Donald Trump was choosing to assert executive privilege and encouraging his former aides not to reveal anything that might be covered by the privilege.
Obtaining a conviction for any crime requires proof of acting with improper intent, and Bannon may have a strong defense in arguing that he was acting on the advice of his lawyer not to testify. Some federal courts have ruled that good faith reliance on the advice of counsel is a complete defense in a criminal contempt action.
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