What will happen in Congress today as the January 6 committee moves forward to hold Steve Bannon in criminal contempt

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The criminal contempt report is expected to shift to the floor with out any opposition from the committee members and marks a crucial milestone in the investigation as the panel hopes even the remote risk of jail time conjures up extra Trump-aligned witnesses to cooperate.

Any unique who is uncovered liable for contempt of Congress would be responsible of a criminal offense that may possibly consequence in a good and involving just one and 12 months imprisonment. But this procedure is seldom invoked and not often qualified prospects to jail time — nevertheless the House’s pursuit of criminal expenses might be extra about making an instance out of Bannon and sending a information to other likely witnesses.

The contempt report, which was released Monday night, outlines the attempts the committee produced to get a witness to comply with the subpoena, and the failure by the witness to do so.

In advance of its business enterprise meeting Tuesday night, the committee unveiled new correspondence detailing that Bannon’s attorney wrote to the committee asking to hold off Tuesday’s meeting in light of Trump filing his lawsuit towards the Nationwide Archives.

“In light of this late submitting, we respectfully request a a single-7 days adjournment,” Bannon’s attorney, Robert J. Costello, wrote on Monday.

Committee Chairman Bennie Thompson, a Mississippi Democrat, subsequently denied the request to delay the committee’s company conference to shift ahead with legal contempt for the reason that he argued the litigation Costello is referring to “is immaterial to the Select Committee’s demand from customers for documents and testimony from Mr. Bannon.”

Following Tuesday’s assembly, the report is then referred to the Property for a vote. If the vote succeeds, Property Speaker Nancy Pelosi certifies the report to the United States attorney for the District of Columbia. Less than law, this certification then demands the United States legal professional to “carry the issue just before the grand jury for its motion,” but the Justice Section will also make its own determinations for prosecution.

As serious as a legal contempt referral sounds, the House’s selection to use the Justice Department could be more of a warning shot than a resolution. Holding Bannon in prison contempt through a prosecution could get years, and historically, felony contempt situations have been derailed by appeals and acquittals.

The committee despatched a letter to Bannon on Friday rejecting his argument for failing to comply with its subpoena and dismissing his claim of govt privilege, significantly as it relates to his communications with people today other than Trump, in accordance to a duplicate received by CNN.Bannon has formerly argued that he is not able to cooperate with the committee right until issues of executive privilege are settled by the courts, but Friday’s response makes distinct the panel thinks his “willful refusal to comply with the Subpoena constitutes a violation of federal legislation.”

“As was discussed in the Choose Committee’s Oct 8, 2021 letter … the previous President has not communicated any such assertion of privilege, irrespective of whether formally or informally, to the Select Committee. What’s more, we believe that any these types of assertion of privilege — must it be manufactured by the previous President — will not avert the Pick out Committee from lawfully obtaining the information it seeks,” the letter says.

And even if the committee was “inclined to accept the unsupported premise” that government privilege reaches communications among Bannon and Trump, the letter notes that Bannon “does not get pleasure from any kind of absolute immunity from testifying or developing documents in response to a Congressional subpoena.”

CNN has achieved out to Bannon’s lawyer for comment. The letter was initially claimed by The Washington Put up.

Costello also wrote to the committee on the night time right before Bannon was scheduled to look for a non-public deposition, professing the committee accusing his shopper of defiance was “inappropriate.”

Costello stated that Bannon was not ignoring the committee’s request but was as a substitute following Trump’s instruction in his efforts defend executive privilege. Costello also wrote that Bannon would not cooperate with the committee until an agreement was reached amongst the committee and Trump in regard to his privilege promises.

“Right up until this kind of time as you reach an arrangement with President Trump or receive a court docket ruling as to the extent, scope and apps of the govt privilege, in get to maintain the assert of govt and other privileges, Mr. Bannon will not be developing documents or testifying,” the letter read through.

What is executive privilege? Does a former president still get it?

A single working day later, the committee formally announced its decision to go forward with criminal contempt for Bannon — an energy that starts with Tuesday’s company conference and vote.

In a letter acquired by CNN on Monday, White Home Deputy Counsel to the President, Jonathan Su, informed Costello that the Biden administration will not help any attempt by Bannon to refuse to cooperate with the committee on the grounds of government privilege.

Su informed Costello that Biden has identified that any of Bannon’s interactions with any individual in the White House, just after he left the Trump administration, are fair activity for the committee’s investigation.

“As you are informed, Mr Bannon’s tenure as a White House worker ended in 2017,” Su writes. “To the extent any privileges could apply to Mr Bannon his discussions with the previous president or White Property personnel right after the summary of his tenure, President Biden has previously determined that an assertion of executive privilege is not in the general public curiosity, and consequently is not justified with respect to sure subjects within just the purview of the Select Committee.”

This story and headline have been up to date with further developments Tuesday.

CNN’s Katelyn Polantz contributed to this report.