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House GOP Leaders Support Steve Bannon’s Appeal Against Jan. 6 Committee

Steve Bannon addresses a crowd of conservative activists at the 2023 Conservative Political Action Conference. The pro-Trump firebrand has been sentenced to four months in prison for contempt of Congress, but is fighting to stay out of prison as he appeals. | Anna Moneymaker/Getty Images

Key Figures: Speaker Mike Johnson, Majority Leader Steve Scalise, and Majority Whip Tom Emmer have taken a decisive step to support Steve Bannon in his appeal against his 2022 conviction for defying a subpoena from the January 6 select committee. This move reflects a significant stance by House Republican leaders on the issue.

GOP Leaders’ Decision

The House GOP leaders voted to make their determination the formal position of the House, enabling them to file a legal brief on behalf of the chamber. This decision was made during a party-line, secret vote by the House’s bipartisan leadership group, the Bipartisan Legal Advisory Group, which includes:

  • Speaker Mike Johnson
  • Majority Leader Steve Scalise
  • Majority Whip Tom Emmer
  • Democratic Leader Hakeem Jeffries
  • Minority Whip Katherine Clark

Legal Context and Implications

The GOP leaders’ decision comes as the Supreme Court is set to decide whether Bannon will serve his jail sentence starting July 1 or remain free while appealing his conviction. The Justice Department is due to file a brief urging Bannon’s immediate imprisonment, while Chief Justice John Roberts may soon decide on the matter.

Arguments and Criticisms

The House GOP’s legal brief will challenge certain arguments made by the previous Congress regarding the organization and authority of the January 6 committee. Republican criticisms focus on:

  1. Lack of a GOP-Appointed Ranking Minority Member: The absence of a minority member appointed by the GOP in the committee.
  2. Speaker Nancy Pelosi’s Decision: Pelosi’s choice not to fill vacancies on the panel after GOP Leader Kevin McCarthy boycotted it, following her refusal to seat two of his picks.

Bannon’s Legal Battle

Steve Bannon was convicted in July 2022 for refusing to comply with a subpoena from the January 6 committee. He appealed the conviction and has remained out of prison during the appeal process. However, U.S. District Judge Carl Nichols rescinded this decision after a D.C. Circuit Court of Appeals panel rejected Bannon’s appeal.

House GOP’s Broader Strategy

The House GOP’s action aligns with efforts by members like Rep. Matt Gaetz (R-Fla.) and Rep. Eric Burlison (R-Mo.), who have pushed for measures to undermine the work of the January 6 committee. Gaetz lobbied for a vote within the bipartisan legal group, while Burlison filed a resolution to rescind previous subpoenas and contempt recommendations by the Democratic-controlled House.

Future Developments

The immediate focus is on Chief Justice John Roberts’ forthcoming decision regarding Bannon’s incarceration. Additionally, Georgia Rep. Barry Loudermilk plans to file an amicus brief with the Supreme Court supporting Bannon, arguing that the January 6 committee lacked the authority to conduct depositions without a minority-appointed ranking member.

Conclusion

The House GOP leaders’ support for Bannon’s appeal reflects a broader effort to contest the actions and legitimacy of the January 6 committee. This stance, along with upcoming legal battles, underscores the ongoing political and judicial contention surrounding the investigation into the January 6 Capitol attack.

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