Original title: Bannon, the former "master of the White House", may be arrested. Can the former president's "administrative privilege" still be used?
Ban Nong, a former senior strategic adviser to trump, was arrested for participating in the planning of the riots in the US Congress
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It has been more than months since the riots at the US Capitol on January 6 this year, and the investigation into the reasons behind the incident is still continuing.
Recently, Steve Bannon, a former senior strategic adviser to trump, once known as the "master of the White House", faced criminal charges for refusing to cooperate with the investigation.
On October 19 local time, the special committee of the house of Representatives investigating the riots in Congress unanimously adopted a report on the same day, accusing Bannon of contempt of court.
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According to USA today, Bannon was asked to attend the hearing of the committee last week because he was accused of contacting trump before the Congressional riots on January 6, but his lawyer said that Bannon refused to provide testimony or relevant evidence documents according to the instructions of Trump's legal team.
"Bannon completely ignored our subpoena," Benny Thompson, chairman of the Commission of inquiry, said at the hearing. "This is unacceptable. No one in this country, no matter how rich or powerful, can be above the law."
The house of Representatives is expected to vote on Bannon's contempt charges on October 21. If approved, the Ministry of justice will decide whether to institute criminal charges and arrest Bannon. The Washington Post commented that contempt of Congress is a misdemeanor, with a maximum penalty of one year's imprisonment and a fine of $100000.
Silent "behind the scenes"
At present, the members of the Committee have mastered many clues to Bannon's participation and planning of the riots on January 6, so they need to listen to Bannon's own testimony.
Last week, Bannon's lawyer refused to testify in court or provide relevant supporting documents on the grounds of the "administrative privilege" advocated by former president trump (editor's note: "administrative privilege" refers to the president's right not to disclose some discussions with his subordinates and high-level political activities). The Associated Press reported that for this statement, the contempt resolution passed on October 19 refuted that Bannon had resigned from the White House in August 2017. As an ordinary citizen, his dialogue with former president trump or White House staff was no longer protected by privilege.
More importantly, there are many clues that Bannon played the role of "behind the scenes" in the Congressional riots on January 6. According to the Washington Post, Liz Cheney, Republican vice chairman of the Commission of inquiry, said in his speech on October 19: "Bannon has a full understanding of the plan on January 6... He may have played an important role in the process of making the plan."
"Bannon was at the Willard hotel in Washington, D.C. on January 6." it was reported that the hotel was the place where trump met with his allies before the riots. "He also seems to know Trump's attempt to convince millions of Americans of 'election fraud'," Cheney added. "We will trace it to the end."
In addition, according to Newsweek and CNN, Bannon admitted in his personal podcast "war room" on September 22 that he did participate in the planning of the riots in the US Congress on January 6 this year.
At the same time, the Capitol Hill reported on September 23 that Bannon said in his podcast the previous day that he really intended to "eliminate the new administrative team" because he did not believe that they would win the 2020 general election. Bannon said, "we said and told trump, 'you need to strangle this government in the cradle as soon as possible, just because of its own incompetence and illegal acts'." in addition, according to the associated press, Bannon also claimed on January 5, 2021 that "hell will open the door tomorrow".
However, from the operational level, even if the Ministry of justice decides to prosecute Bannon, there is no guarantee that the criminal transfer process will proceed quickly. "This may take a long time," Washington lawyer Abe Lowell told the Washington Post. "Maybe this is a necessary procedure, but under the American legal system, it is difficult to quickly let people who do not want to testify submit documents to Congress.".
Can the former president use "administrative privileges" to stop the investigation?
In addition to Bannon and other personnel unwilling to cooperate with the investigation, the special committee also faces resistance from Trump, which may greatly affect the progress of the investigation during the Congressional riots on January 6.
The day before the special committee accused Bannon of "contempt for Congress", according to CNN, trump filed a lawsuit with the Washington District Court on the 18th, claiming that he had administrative privileges and asked the U.S. National Archives to keep his itinerary confidential during his presidency, thus preventing the special committee of the house of representatives from obtaining more than 40 documents related to the riots in the Capitol.
The lawsuit said that the requirements of the house of representatives for these documents "are unprecedented in breadth and scope, and are not bound by any legal and legislative purposes."
Earlier, the Biden administration rejected Trump's request to detain relevant documents. The US National Archives was originally scheduled to hand over relevant documents to the special committee of the house of representatives in early November. The White House responded that Trump's claim of privilege had no legal basis. "The actions of the former president pose a unique and existential threat to our democracy," said White House spokesman Michael Gwen. "The protection of administrative privileges by the constitution should not be used to cover obvious attempts to undermine the Constitution itself."
The Washington Post quoted Stephen, a professor at New York University Law School·Gilles believes that Trump's lawsuit is a "naked means of delay", which aims to delay the congressional investigation of the riots until after the 2022 mid-term elections. Once the Republicans recapture the house of representatives in the mid-term elections, they can dissolve the investigation committee and let the investigation end.
CNN commented that so far, the Biden administration has always rejected the administrative privileges advocated by trump. The lawsuit filed by trump on October 18 will trigger a long and complex legal struggle over administrative privileges, congressional power and the role of the former president.
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