The Justice Department has not successfully charged and convicted someone for criminal contempt in a Congress case since the 1970s.
The House voted to refer the contempt charges against Trump ally Steve Bannon to the Department of Justice on Thursday, but President Joe Biden ‘s recent comments supporting the referral may make the prosecution more difficult. Ahead of the House vote, Biden told reporters last week that he “hope[s] that the [January 6 select] committee goes after them and holds them accountable,” referring to those, like Bannon, who have refused to comply with the subpoena to testify before the January 6 committee. When asked if they should face prosecution, Biden said, “I do, yes.” The president’s remarks raised concerns that he was applying political pressure to the department led by his appointee Attorney General Merrick Garland. Garland has remained silent as to whether the DOJ would charge Bannon should the vote pass. Bannon, has already pointed fingers at Biden for weighing in on the matter, suggesting that the president “gave the game away” when making his comments and claiming that Biden has “already worked through this.” Representative Matt Gaetz, who Bannon had as a guest on his War Room: Pandemic podcast on Wednesday, claimed that the vote would make it more difficult for the Justice Department to refute that an investigation from the agency is politically motivated.
