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US House holds Trump ally Steve Bannon in criminal contempt

Steve Bannon has refused to comply with subpoenas from the 6 January Select Committee
Steve Bannon has refused to comply with subpoenas from the 6 January Select Committee

Longtime Donald Trump ally Steve Bannon could face criminal prosecution for refusing to cooperate with an investigation into the 6 January attack on the US Capitol after the House of Representatives voted to hold him in contempt of Congress.

The Democratic-led chamber decided 229 to 202 - with nine Republicans joining Democrats - to recommend the charges against Mr Bannon, who served as an aide to the former president.

The matter will now be referred to the US Justice Department, where Attorney General Merrick Garland will make the final decision on whether to prosecute.

Mr Bannon has refused to comply with subpoenas from the 6 January Select Committee seeking documents and his testimony, citing Mr Trump's insistence - disputed by some legal experts - that his communications are protected by the legal doctrine of executive privilege.

"What sort of precedent would it set for the House of Representatives if we allow a witness to ignore us?" Democrat Bennie Thompson, chairman of the Select Committee, said in the debate before the vote.

The committee voted unanimously on Tuesday in favour of the charges.

The Democratic-led panel hopes the threat of jail time - contempt of Congress carries a penalty of up to one year in prison and a $100,000 fine - encourages cooperation from the 18 other Trump aides and rally organisers who have also been subpoenaed.

Mr Garland has yet to indicate how the department will respond.

He told a House Judiciary Committee hearing today that the department would "apply the facts" and make decisions "consistent with the principles of prosecution".

Attorney General Merrick Garland will make the final decision on whether to prosecute Mr Bannon

Most of Mr Trump's fellow Republicans in Congress opposed even creating either an independent commission or a select committee to investigate the events surrounding 6 January when thousands of Trump supporters descended on the Capitol after he urged them in a speech to protest his defeat by Democrat Joe Biden in the November 2020 presidential election that Mr Trump falsely claims was stolen.

Only two Republicans - Representatives Liz Cheney and Adam Kinzinger - are on the nine-member select committee.

The contempt of Congress statute, passed in 1857, states that the Justice Department has a duty to bring a House contempt citation before a grand jury.

But the Justice Department historically has said it makes the ultimate decision about whether to prosecute individuals who defy congressional subpoenas.

The last successful prosecution for contempt of Congress was in 1974 when a judge found Watergate conspirator G Gordon Liddy guilty.

Asked about the vote at his weekly news conference today, Kevin McCarthy, the House Republican leader, said the subpoena for Steve Bannon to testify was "invalid," making the same executive privilege argument that Mr Bannon did.

Four people died on the day of the assault, and one Capitol police officer died the next day of injuries sustained in defence of the seat of government. Hundreds of police officers were injured.

House Republican leader Kevin McCarthy said the subpoena for Mr Bannon was 'invalid'

The select committee argued that Mr Bannon had made statements suggesting he knew ahead of time about "extreme events" that would take place on 6 January, when Congress was scheduled to certify Mr Biden as the winner of the presidential election.

Mr Bannon said on a 5 January podcast that "all hell is going to break loose tomorrow."

The next day, crowds of Trump supporters, many chanting "Stop the Steal" and "Hang Mike Pence," attacked the Capitol as Vice President Mike Pence and lawmakers met to certify the election.

The assault forced the lawmakers, congressional staff and journalists to flee as crowds rampaged through the building, raiding offices, smashing windows and stealing computers and other equipment.

The vote certification was delayed for several hours, but went ahead - despite votes against it by nearly 147 Republican members of Congress.

Mr Trump has continued to insist falsely that his defeat was the result of fraud.

Multiple courts, state election officials and members of Trump's own administration have rejected that claim.