The publication is reproduced in full below:
RECOMMENDING THAT THE HOUSE FIND STEPHEN K. BANNON IN CONTEMPT OF
CONGRESS
______
speech of
HON. SHEILA JACKSON LEE
of texas
in the house of representatives
Thursday, October 21, 2021
Ms. JACKSON LEE. Madam Speaker, as a senior member of the Committees on the Judiciary, on Homeland Security, and on the Budget, I rise in support of the rule governing debate for H. Res. 730, ``Resolution Recommending that the House of Representatives Find Stephen K. Bannon in Contempt of Congress for Refusal to Comply with a Subpoena Duly Issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol.''
On January 6th the domestic terrorists who beat law enforcement officers and breached the Citadel of democracy of the United States wore insignias of White supremacist groups, waved Confederate flags, hung a noose on the lawn, and they were shouting racial epithets.
According to published reports and his own public statements, Mr. Bannon had specific knowledge about the events planned for January 6th before they occurred: just before the day of the attack, Mr. Bannon told his listeners:
All hell is going to break loose tomorrow. . . . It's not going to happen like you think it's going to happen. OK, it's going to be quite extraordinarily different. All I can say is, strap in . . . You made this happen and tomorrow it's game day. So strap in. Let's get ready. So many people said,
`Man, if I was in a revolution, I would be in Washington.' Well this is your time in history.
At 12:15 p.m. on January 6th he said to the assembled multitude on the Ellipse: ``You will never take back our country with weakness.''
Less than an hour later, at 1:10 p.m., he admonished the crowd: ``We fight like hell, and if you don't fight like hell you will not have a country anymore.''
At 2:11 p.m. the Trump-incited mob breached police lines on the west side of the Capitol.
Madam Speaker, the assault on the U.S. Capitol by domestic terrorists and insurrectionists rightly takes its place as one of the darkest moments in our Nation's history since the Civil War.
Madam Speaker, the January 6th insurrection caused tragic loss of life and many injuries, while leaving behind widespread physical damage to the Capitol Complex and emotional trauma for Members, Congressional employees, and the Capitol Police.
It bears repeating often that the Congress and the Nation owe undying gratitude to the men and women who answered the call of constitutional duty and heroically won the day on that bloody and deadly afternoon.
Madam Speaker, the domestic terrorists and seditionists who attacked the Capitol Building on January 6, 2021 were not, as some of their ardent defenders and apologists across the aisle have stated falsely, on a ``normal tour visit''; nor was their effort to lay siege to the Capitol and disrupt the processes of government an act of persons who love their country.
And it is absurd to suggest that it was a celebration of the United States and what it stands for when the leading edge of terrorists desecrated the Capitol by offensively parading the treasonous Confederate flag through the building and when, because of their insurrection, several members of law enforcement made the supreme sacrifice and scores more were seriously injured.
Madam Speaker, we owe it not just to those who lost their lives during that day, but to all Americans to figure out exactly what happened and how that day came to be.
We must understand that day in order to prevent the intended purpose of the January 6th insurrection--to disrupt the Joint Meeting of Congress to tally the votes of presidential electors and announce the results to the Nation and the world--from ever occurring again, because it was the greatest threat to the American Experiment since the Civil War when the pro-slavery forces decided to make war rather than let the Nation survive and the pro-freedom forces would accept war rather than let the Nation perish.
The Select Committee has diligently continued in their duty to determine the causes and events that transpired during the insurrectionist attack.
Specifically, the Select Committee's purposes include:
To investigate and report upon the facts, circumstances, and causes
``relating to the January 6, 2021 domestic terrorist attack upon the United States Capitol Complex;''
To investigate and report upon the facts, circumstances, and causes
``relating to the interference with the peaceful transfer of power;'' and
To investigate and report upon the facts, circumstances, and causes relating to ``the influencing factors that fomented such an attack on American representative democracy while engaged in a constitutional process.''
In line with these purposes, the Select Committee requested information from Mr. Bannon central to its legislative purpose:
On September 23, 2021, Chairman Thompson signed and transmitted a subpoena to Mr. Bannon, ordering the production of both documents and testimony relevant to the January 6th attack on the Capitol.
The subpoena required Mr. Bannon to produce the documents on October 7 and required his presence for deposition testimony on October 14.
Mr. Bannon simply defied the subpoena--failing to produce the documents on October 7 and failing to show up for the deposition on October 14.
In a letter to Mr. Bannon's counsel on October 15, Chairman Thompson noted that Mr. Bannon had not even attempted to provide the Select Committee any explanation for refusing to comply with the Select Committee's demand for documents and testimony on a range of subjects that do not involve communications with the former President.
An individual who fails or refuses to comply with a House subpoena may be cited for contempt of Congress, and in his October 8th letter to Mr. Bannon's counsel, Chairman Thompson warned Mr. Bannon that his continued non-compliance would put him in jeopardy of a vote to refer him to the House to consider a criminal contempt referral.
Mr. Bannon's failure to appear for deposition or produce responsive documents in the face of this clear advisement and warning by the Chairman constitutes willful failure to comply with the subpoena.
The purpose behind seeking this information is because Mr. Bannon played a central role in organizing the January 6th attack on the Capitol, and understanding this role is essential to understanding the context in which the January 6th attack occurred.
Mr. Bannon constructed and participated in the ``stop the steal'' public relations effort that motivated the January 6th attack.
Mr. Bannon planned political and other activities in advance of January 6th.
Mr. Bannon participated in a ``war room'' of promoters and prominent supporters of the ``stop the steal'' movement that met on January 5th.
Mr. Bannon communicated with President Trump several times in advance of the January 6th attack, urging him to take measures to interfere with the count of electoral votes and to make January 6th a day of reckoning.
In fact, according to published reports and his own public statements, Mr. Bannon had specific knowledge about the events planned for January 6th before they occurred: just before the day of the attack, Mr. Bannon urged his listeners:
All hell is going to break loose tomorrow. . . . It's not going to happen like you think it's going to happen. OK, it's going to be quite extraordinarily different. All I can say is, strap in . . . You made this happen and tomorrow it's game day. So strap in. Let's get ready. So many people said,
`Man, if I was in a revolution, I would be in Washington.' Well this is your time in history.
In sum, Mr. Bannon appears to have played a multi-faceted role in the events of the January 6th attack and the American people are entitled to hear his first-hand testimony regarding his actions.
As recognized by the Supreme Court, ``The power of the Congress to conduct investigations is inherent in the legislative process,'' and that the subpoena power is a ``public duty, which every person within the jurisdiction of the Government is bound to perform when properly summoned.''
The contempt of Congress statute makes clear that a witness summoned before Congress must appear or be ``deemed guilty of a misdemeanor'' punishable by a fine of up to $100,000 and imprisonment for up to one year.
Further, the Supreme Court has emphasized that the subpoena power is a ``public duty, which every person within the jurisdiction of the Government is bound to perform when properly summoned.''
The Supreme Court also recently reinforced this clear obligation by stating that ``when Congress seeks information needed for intelligent legislative action, it unquestionably remains the duty of all citizens to cooperate.''
Mr. Bannon has relied on no legal authority to support his refusal to comply in any fashion with the subpoena.
Mr. Bannon's refusal to comply with the subpoena is ostensibly based on his decision to ``honor [former President Trump's] invocation of executive privilege.''
However, not only has former President Trump had no direct communication with the Select Committee, but also the Select Committee has not received any formal invocation of executive privilege from former President Trump as to Mr. Bannon.
The Select Committee is seeking information from Mr. Bannon on a wide range of subjects that clearly cannot be covered by an assertion of executive privilege.
Mr. Bannon was a private citizen during the relevant period and the testimony and documents the Select Committee is demanding do not concern discussion of official government matters with the President and his immediate advisors.
In sum, there is no reasonable argument that Mr. Bannon's communications with the President regarding January 6th are the type of matters on which executive privilege can be asserted.
Finally, there is no conceivable assertion that executive privilege could apply to other information sought that does not constitute communications with Mr. Trump during his presidency.
Beyond communications between Mr. Bannon and Mr. Trump, the Select Committee seeks documents and testimony from Mr. Bannon regarding his own actions and interactions with other private citizens relating to the events of January 6th.
In light of this, rather than comply with Congress' inherent powers, and help heal the trauma this Nation witnessed on January 6th, Mr. Bannon has simply refused to comply with the Select Committee's subpoena.
Madam Speaker, this should not be a partisan issue; it is the very power of Congress to investigate matters of issue that is at stake.
For this reason, I rise in support of the rule governing debate for H. Res. 730, ``Resolution Recommending that the House of Representatives Find Stephen K. Bannon in Contempt of Congress for Refusal to Comply with a Subpoena Duly Issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol,'' and I encourage my colleagues to do the same.
____________________
SOURCE: Congressional Record Vol. 167, No. 186
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
House Representatives' salaries are historically higher than the median US income.
Alerts Sign-up