[House Prints 117-1]
[From the U.S. Government Publishing Office]



      BUSINESS MEETING ON A REPORT RECOMMENDING THAT THE HOUSE OF 
    REPRESENTATIVES CITE STEPHEN K. BANNON FOR CRIMINAL CONTEMPT OF 
                                CONGRESS

=======================================================================

                                MEETING

                                 of the

                          SELECT COMMITTEE TO
                      INVESTIGATE THE JANUARY 6TH
                             ATTACK ON THE
                         UNITED STATES CAPITOL

                        HOUSE OF REPRESENTATIVES

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                            OCTOBER 19, 2021

                               __________

                            Serial No. 117-1

                               __________

Printed for the use of the Select Committee to Investigate the January 
                6th Attack On the United States Capitol
                                     

		
		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                     

        Available via the World Wide Web: http://www.govinfo.gov

                               __________

		    U.S. GOVERNMENT PUBLISHING OFFICE

50-114			   WASHINGTON : 2022




 SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE UNITED 
                             STATES CAPITOL

               Bennie G. Thompson, Mississippi, Chairman
                    Liz Cheney, Wyoming, Vice Chair
                        Zoe Lofgren, California
                       Adam B. Schiff, California
                        Pete Aguilar, California
                      Stephanie N. Murphy, Florida
                         Jamie Raskin, Maryland
                       Elaine G. Luria, Virginia
                        Adam Kinzinger, Illinois
                            COMMITTEE STAFF

                    David B. Buckley, Staff Director
      Kristin L. Amerling, Deputy Staff Director and Chief Counsel
               Hope Goins, Senior Counsel to the Chairman
           Joseph B. Maher, Senior Counsel to the Vice Chair
             Timothy J. Heaphy, Chief Investigative Counsel
                      Jamie Fleet, Senior Advisor
               Timothy R. Mulvey, Communications Director
           Candyce Phoenix, Senior Counsel and Senior Advisor
 John F. Wood, Senior Investigative Counsel and Of Counsel to the Vice 
                                 Chair

Katherine B. Abrams, Staff 
    Associate
Temidayo Aganga-Williams, Senior 
    Investigative Counsel
Alejandra Apecechea, Investigative 
    Counsel
Lisa A. Bianco, Director of Member 
    Services and Security Manager
Jerome P. Bjelopera, Investigator
Bryan Bonner, Investigative Counsel
Richard R. Bruno, Senior 
    Administrative Assistant
Marcus Childress, Investigative 
    Counsel
John Marcus Clark, Security 
    Director
Jacqueline N. Colvett, Digital 
    Director
Heather I. Connelly, Professional 
    Staff Member
Meghan E. Conroy, Investigator
Heather L. Crowell, Printer 
    Proofreader
William C. Danvers, Senior 
    Researcher
Soumyalatha Dayananda, Senior 
    Investigative Counsel
Stephen W. DeVine, Senior Counsel
Lawrence J. Eagleburger, 
    Professional Staff Member
Kevin S. Elliker, Investigative 
    Counsel
Margaret E. Emamzadeh, Staff 
    Associate
Sadallah A. Farah, Professional 
    Staff Member
Daniel A. George, Senior 
    Investigative Counsel
Jacob H. Glick, Investigative 
    Counsel
Aaron S. Greene, Clerk
Marc S. Harris, Senior 
    Investigative Counsel
Alice K. Hayes, Clerk
Quincy T. Henderson, Staff 
    Assistant
Jenna Hopkins, Professional Staff 
    Member
Camisha L. Johnson, Professional 
    Staff Member                     Thomas E. Joscelyn, Senior 
                                         Professional Staff Member
                                     Rebecca L. Knooihuizen, Financial 
                                         Investigator
                                     Casey E. Lucier, Investigative 
                                         Counsel
                                     Damon M. Marx, Professional Staff 
                                         Member
                                     Evan B. Mauldin, Chief Clerk
                                     Yonatan L. Moskowitz, Senior 
                                         Counsel
                                     Hannah G. Muldavin, Deputy 
                                         Communications Director
                                     Jonathan D. Murray, Professional 
                                         Staff Member
                                     Jacob A. Nelson, Professional 
                                         Staff Member
                                     Elizabeth Obrand, Staff Associate
                                     Raymond O'Mara, Director of 
                                         External Affairs
                                     Elyes Ouechtati, Technology 
                                         Partner
                                     Robin M. Peguero, Investigative 
                                         Counsel
                                     Sandeep A. Prasanna, Investigative 
                                         Counsel
                                     Barry Pump, Parliamentarian
                                     Sean M. Quinn, Investigative 
                                         Counsel
                                     Brittany M. J. Record, Senior 
                                         Counsel
                                     Denver Riggleman, Senior Technical 
                                         Advisor
                                     Joshua D. Roselman, Investigative 
                                         Counsel
                                     James N. Sasso, Senior 
                                         Investigative Counsel
                                     Grant H. Saunders, Professional 
                                         Staff Member
                                     Samantha O. Stiles, Chief 
                                         Administrative Officer
                                     Sean P. Tonolli, Senior 
                                         Investigative Counsel
                                     David A. Weinberg, Senior 
                                         Professional Staff Member
                                     Amanda S. Wick, Senior 
                                         Investigative Counsel
                                     Darrin L. Williams, Jr., Staff 
                                         Assistant
                                     Zachary S. Wood, Clerk
                       CONTRACTORS & CONSULTANTS

                             Rawaa Alobaidi
                             Melinda Arons
                              Steve Baker
                            Elizabeth Bisbee
                              David Canady
                             John Coughlin
                             Aaron Dietzen
                              Gina Ferrise
                           Angel Goldsborough
                             James Goldston
                              Polly Grube
                          L. Christine Healey
                             Danny Holladay
                              Percy Howard
                              Dean Jackson
                           Stephanie J. Jones
                              Hyatt Mamoun
                               Mary Marsh
                               Todd Mason
                              Ryan Mayers
                              Jeff McBride
                               Fred Muram
                             Alex Newhouse
                              John Norton
                             Orlando Pinder
                               Owen Pratt
                              Dan Pryzgoda
                              Brian Sasser
                            William Scherer
                              Driss Sekkat
                              Chris Stuart
                            Preston Sullivan
                              Brian Young

                           Innovative Driven
                            C O N T E N T S

                              ----------                              
                                                                   Page

                   Statements of Members of Congress

The Honorable Bennie G. Thompson, a Representative in Congress 
  From the State of Mississippi, and Chairman, Select Committee 
  to Investigate the January 6th Attack On the United States 
  Capitol........................................................     1
The Honorable Liz Cheney, a Representative in Congress From the 
  State of Wyoming, and Vice Chair, Select Committee to 
  Investigate the January 6th Attack On the United States Capitol     3

                           Committee Business

Report...........................................................     4
Amendment in the Nature of a Substitute..........................     5

                             For the Record

The Honorable Bennie G. Thompson, a Representative in Congress 
  From the State of Mississippi, and Chairman, Select Committee 
  to Investigate the January 6th Attack On the United States 
  Capitol:
  Letter, October 15, 2021, From Chairman Bennie G. Thompson.....     5
  Letter, October 18, 2021, From Robert J. Costello..............     7
  Letter, October 19, 2021, From Chairman Bennie G. Thompson.....     8
  Letter, October 18, 2021, From Johnathan C. Su.................     9

                                Appendix

Full text, Report................................................    14
Full text, Amendment in the Nature of a Substitute...............    54

 
      BUSINESS MEETING ON A REPORT RECOMMENDING THAT THE HOUSE OF 
    REPRESENTATIVES CITE STEPHEN K. BANNON FOR CRIMINAL CONTEMPT OF 
                                CONGRESS

                              ----------                              


                       Tuesday, October 19, 2021

                     U.S. House of Representatives,
 Select Committee to Investigate the January 6th Attack On 
                                 the United States Capitol,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 7:37 p.m., in 
room 390, Cannon House Office Building, Hon. Bennie G. Thompson 
(Chairman of the Committee) presiding.
    Present: Representatives Thompson, Cheney, Lofgren, Schiff, 
Aguilar, Murphy, Raskin, Luria, and Kinzinger.
    Chairman Thompson. A quorum being present, the Select 
Committee to Investigate the January 6th Attack on the United 
States Capitol will be in order.
    The Select Committee is meeting this evening to consider a 
report on a 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.
    Without objection, the Chair is authorized to declare the 
Committee in recess at any time.
    I will now recognize myself for an opening statement.
    Let me start by saying that it gives me no joy that I have 
been forced to call this meeting. I think my colleagues feel 
the same way.
    The expectation of this Committee is that all witnesses 
will cooperate with our investigation. Witnesses who have been 
subpoenaed have a legal obligation to do so.
    When you think about what we are investigating--a violent 
attack on the seat of our democracy, perpetrated by fellow 
citizens on our Constitution, an attempt to stop the 
certification of an election--it is shocking to me, shocking 
that anyone would not do anything in their power to assist our 
investigation.
    So it is a shame that Mr. Bannon has put us in this 
position. But we won't take no for an answer. We believe Mr. 
Bannon has information relevant to our probe, and we will use 
the tools at our disposal to get that information.
    I expect that the House will quickly adopt this referral to 
the Justice Department and that the U.S. attorney will do his 
duty and prosecute Mr. Bannon for criminal contempt of 
Congress.
    Our goal is simple. We want Mr. Bannon to answer our 
questions. We want him to turn over whatever records he 
possesses that are relevant to the Select Committee's 
investigation.
    The issue in front of us today is our ability to do our 
job. It is about fulfilling our responsibilities according to 
House Resolution 503 to provide the American people answers 
about what happened on January 6th and help ensure nothing like 
that day ever happens again.
    We fulfill our responsibilities by discovering the facts 
behind the January 6th attack so that Congress can consider 
legislation with a full understanding of the activities that 
led to an attack on Congress itself.
    I want to make it clear just how isolated Mr. Bannon is in 
his refusal to cooperate with the Select Committee. We have 
reached out to dozens of witnesses. We are taking in thousands 
of pages of records. We are conducting interviews on a steady 
basis. This is the shoe leather work of conducting a serious, 
focused investigation. It is not flashy, but it gets results.
    It is essential that we get Mr. Bannon's factual and 
complete testimony in order to get a full accounting of the 
violence of January 6th and its causes.
    Mr. Bannon stands alone in his complete defiance of our 
subpoena. That is not acceptable. No one in this country, no 
matter how wealthy or how powerful, is above the law. Left 
unaddressed, this defiance may encourage others to follow Mr. 
Bannon down the same path.
    For folks watching at home this evening, I want you to 
think about something. What would happen to you if you did what 
Mr. Bannon is doing? If you were a material witness in a 
criminal prosecution or some other lawsuit, what would happen 
if you refused to show up? Do you think you would be able to 
just go about your business? We all know the answer to that.
    There isn't a different set of rules for Mr. Bannon. He 
knows this. He knows that there are consequences for outright 
defiance, and he has chosen the path toward criminal contempt 
by taking this position.
    There are bigger matters at stake. One of the major 
questions the Select Committee is dealing with is whether the 
rule of law will be able to endure as a pillar of American 
democracy. After all, we have seen the rule of law put to the 
test repeatedly in our recent past.
    While we don't know all of the facts, we do know that there 
was a powerful push to overturn the legitimate results of the 
2020 election. Americans have been and continue to be lied to 
about that. We know that ultimately there was a violent attack 
that interfered with the peaceful transfer of power from one 
President to another. We know that lies about the outcome of 
that election haven't gone away.
    Now we have a key witness who is flat-out refusing to 
comply with a congressional subpoena and cooperate with our 
investigation. The rule of law remains under attack right now. 
If there is no accountability for these abuses, if there are 
different sets of rules for different types of people, then our 
democracy is in serious trouble.
    As Chair of this Committee, I won't allow further harm to 
the rule of law in the course of our work. Mr. Bannon will 
comply with our investigation or he will face the consequences.
    Maybe he is willing to be a martyr to a disgraceful cause 
of whitewashing what happened on January 6th or demonstrating 
his complete loyalty to the former President.
    So I want our witnesses to understand something very 
plainly: If you are thinking of following the path Mr. Bannon 
has gone down, you are on notice that this is what you will 
face.
    The process we have begun tonight is a grave one. It seldom 
happens, and we would rather avoid it altogether. But it is not 
reserved just for Steve Bannon. If other witnesses defy this 
Committee, if they fail to cooperate, we will be back in this 
room with a new report with the names of whoever else 
mistakenly believes that they are above the law.
    We hope no other witnesses put themselves in the situation 
Mr. Bannon has through his own conduct, but we cannot allow 
anyone to stand in the way of the Select Committee as we work 
to get to the facts. The stakes are just too high. We won't be 
deterred, we won't be distracted, and we won't be delayed.
    I urge my colleagues to support the favorable adoption of 
this report.
    It is now my pleasure to recognize the distinguished Vice 
Chair, my friend, Ms. Cheney of Wyoming, for any statement she 
would care to offer.
    Vice Chair Cheney. Thank you very much, Mr. Chairman.
    On January 6th, a mob breached the security perimeter of 
our Capitol, assaulted and injured more than 140 police 
officers, engaged in hand-to-hand violence over an extended 
period, and invaded and occupied the United States Capitol 
Building, all in an effort to halt the lawful counting of 
electoral votes and reverse the results of the 2020 election.
    The day before this all occurred, on January 5th, Mr. 
Bannon publicly professed knowledge that, ``All hell is going 
to break loose tomorrow.'' He forecast that the day would be, 
``extraordinarily different than what most Americans 
expected.'' He said to his listeners and his viewers, ``So many 
people said, `If I was in a revolution, I would be in 
Washington.' '' ``Well,'' he said, ``this is your time in 
history.''
    Based on the Committee's investigation, it appears that Mr. 
Bannon had substantial advance knowledge of the plans for 
January 6th and likely had an important role in formulating 
those plans.
    Mr. Bannon was in the ``war room'' at the Willard on 
January 6th. He also appears to have detailed knowledge 
regarding the President's efforts to sell millions of Americans 
the fraud that the election was stolen.
    In the words of many who participated in the January 6th 
attack, the violence that day was in direct response to 
President Trump's repeated claims, from election night through 
January 6th, that he had won the election.
    The American people are entitled to Mr. Bannon's first-hand 
testimony about all of these relevant facts. But as the 
Chairman noted, Mr. Bannon is refusing to provide it.
    Preserving our Constitution and the rule of law is a 
central purpose of this investigation. The plain fact here is 
that Mr. Bannon has no legal right to ignore the Committee's 
lawful subpoena.
    So far, Mr. Bannon's excuse is that former President Trump 
wishes to invoke some form of executive privilege for a subset 
of the relevant topics: President Trump's direct communications 
with Mr. Bannon regarding the planning for January 6th.
    This information should not be subject to any privilege at 
all, and certainly there is no basis for absolute or 
unqualified privilege for Presidential communications.
    More important now, there is no conceivably applicable 
privilege that could shield Mr. Bannon from testimony on all of 
the many other topics identified in this Committee subpoena.
    Because he has categorically refused to appear, we have no 
choice but to seek consequences for Mr. Bannon's failure to 
comply. Those consequences are not just important for this 
investigation. They are important for all congressional 
investigations.
    Mr. Bannon's and Mr. Trump's privilege arguments do, 
however, appear to reveal one thing. They suggest that 
President Trump was personally involved in the planning and 
execution of January 6th, and this Committee will get to the 
bottom of that.
    Let me add one further thought, principally for my 
Republican colleagues.
    We all agree that America is the greatest Nation on the 
face of God's Earth. Truth, justice, and our Constitution have 
made America great.
    Almost every one of my colleagues knows in their hearts 
that what happened on January 6th was profoundly wrong. You all 
know that there is no evidence of widespread election fraud 
sufficient to have changed the results of the election. You all 
know that the Dominion voting machines were not corrupted by a 
foreign power. You know these claims are false.
    Yet former President Trump repeats them almost daily, and 
he has now urged Republicans not to vote in 2022 and 2024. This 
is a prescription for national self-destruction.
    I ask my colleagues, please consider the fundamental 
questions of right and wrong here. The American people must 
know what happened. They must know the truth. All of us who are 
elected officials must do our duty to prevent the dismantling 
of the rule of law and to ensure that nothing like that dark 
day in January ever happens again.
    Thank you, Mr. Chairman. I yield back.
    Chairman Thompson. Pursuant to notice, I now call up the 
Report on a 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.
    The report was circulated in advance and printed copies are 
available. The clerk shall designate the report.
    [The clerk designated the report.]
    Chairman Thompson. Without objection, the report will be 
considered as read and open to amendment at any time.*
---------------------------------------------------------------------------
    * For the text of the report, see Appendix.
---------------------------------------------------------------------------
    Chairman Thompson. I recognize myself for the purpose of 
offering an amendment in the nature of a substitute now at the 
desk.
    The clerk shall report the amendment.
    [The clerk designated the amendment.]
    Chairman Thompson. Without objection, the amendment will be 
considered as read and considered base text for purposes of 
further amendment.**
---------------------------------------------------------------------------
    ** For the text of the amendment in the nature of a substitute, see 
Appendix.
---------------------------------------------------------------------------
    Chairman Thompson. I will now recognize myself to explain 
the amendment.
    Yesterday evening, counsel to Mr. Bannon requested a 1-week 
adjournment of our response to a letter I wrote on October 15th 
which stated that Mr. Bannon's willful defiance of the Select 
Committee's subpoena would lead to tonight's hearing.
    Without objection, I include my October 15 letter in the 
record, as well as yesterday's letter from Robert J. Costello, 
Mr. Bannon's attorney.
    [The information follows:]
     Letter From Chairman Bennie G. Thompson to Robert J. Costello
                                  October 15, 2021.
Mr. Robert J. Costello,
Davidoff Hutcher & Citron LLP, [redacted].
    Dear Mr. Costello: The Select Committee to Investigate the January 
6th Attack (``Select Committee'') is in receipt of your October 13, 
2021 letter (the ``October 13 letter''), in which you reassert that 
your client, Stephen Bannon, will not comply with the September 23, 
2021 Subpoena to him for documents and deposition testimony (the 
``Subpoena''). As you know, the Subpoena demanded that Mr. Bannon 
produce documents by October 7, 2021 and appear on October 14, 2021 
before the Select Committee to provide deposition testimony on a wide 
range of issues relating to the January 6, 2021 attack on the United 
States Capitol, as well as plans to interfere with the count of the 
2020 Electoral College results. Mr. Bannon has now willfully failed to 
both produce a single document and to appear for his scheduled 
deposition. The Select Committee believes that this willful refusal to 
comply with the Subpoena constitutes a violation of Federal law.
    As justification for Mr. Bannon's complete failure to comply with 
any portion of the Subpoena, you continue to rely on ex-President 
Trump's stated intention to invoke executive privilege with respect to 
Mr. Bannon, and Mr. Trump's purported request that Mr. Bannon not 
produce documents to or testify before the Select Committee. As was 
explained in the Select Committee's October 8, 2021 letter (attached), 
the former President has not communicated any such assertion of 
privilege, whether formally or informally, to the Select Committee. 
Moreover, we believe that any such assertion of privilege--should it be 
made by the former President--will not prevent the Select Committee 
from lawfully obtaining the information it seeks.
    Further, your letter makes no attempt to justify Mr. Bannon's 
failure to comply with the Subpoena's demand for documents and 
testimony on a range of subjects that do not involve communications 
with the former President. As is clear from the Subpoena and 
accompanying letter, and as underscored in the Select Committee's 
October 8, 2021 response letter, the Select Committee seeks documents 
and testimony on numerous other matters, including Mr. Bannon's 
communications with Members of Congress, Presidential campaign 
representatives, and other private parties concerning the events of 
January 6, 2021, that could not conceivably be barred by a privilege 
claim.
    Moreover, even if the Select Committee were inclined to accept the 
unsupported premise that executive privilege reaches communications 
that the Select Committee seeks to examine between President Trump and 
Mr. Bannon,\1\ Mr. Bannon does not enjoy any form of absolute immunity 
from testifying or producing documents in response to a congressional 
subpoena. Your citation to Committee on Judiciary v. McGahn, 415 F. 
Supp. 3d 148 (D.D.C. 2019) actually supports the Select Committee, not 
your client. In McGahn, the district court unequivocally held that even 
senior White House aides are not entitled to absolute immunity from 
testifying in response to a congressional subpoena. Id. at 214 (``To 
make the point as plain as possible, it is clear to this Court . . . 
that, with respect to senior-level Presidential aides, absolute 
immunity from compelled congressional process simply does not 
exist.'').\2\ Indeed, the footnote in McGahn that you selectively quote 
makes clear that a President lacks legal authority to order an aide not 
to appear before Congress based on a claim of executive privilege. See 
Id. at 213, n. 34 (``But the invocation of the privilege by a 
testifying aide is an order of magnitude different than DOJ's current 
claim that the President essentially owns the entirety of a senior-
level aide's testimony such that the White House can order the 
individual not to appear before Congress at all.'' (Emphasis in 
original)).
---------------------------------------------------------------------------
    \1\ Notably, neither of the cases you cite supports the claim that 
communications between the former President and a private citizen may 
be shielded by either the Presidential communications or deliberative 
process privilege. Indeed, the case you rely upon to support your 
Presidential communications claim specifically held that the privilege 
extends only to a President's closest advisors in the White House. In 
re Sealed Case (Espy), 121 F.3d 729, 752 (D.C. Cir. 1997). See also 
Committee on the Judiciary v. Miers, 558 F. Supp. 2d 53, 100 (D.D.C. 
2008) (privilege claimants acknowledged that executive privilege 
applies only to ``a very small cadre of senior advisors'').
    \2\ The McGahn court followed Committee on the Judiciary v. Miers, 
558 F. Supp.2d 53, 108 (D.D.C. 2008), which reached the same conclusion 
13 years ago. McGahn, 415 F. Supp. 3d at 202-03 (``this Court finds 
that the Miers court rightly determined not only that the principle of 
absolute testimonial immunity for senior-level Presidential aides has 
no foundation in law, but also that such a proposition conflicts with 
key tenets of our constitutional order'').
---------------------------------------------------------------------------
    Accordingly, the Select Committee views Mr. Bannon's failure to 
produce documents by the October 7, 2021 deadline as willful non-
compliance with the Subpoena. Mr. Bannon has persisted in his refusal 
to produce any documents to the Select Committee, and he has failed to 
provide a privilege log identifying specific, asserted privileges. Mr. 
Bannon has now further compounded his non-compliance by refusing to 
appear on October 14, 2021 at the Select Committee deposition to which 
he was summoned to provide testimony. The Select Committee will 
therefore be meeting on Tuesday, October 19, 2021 to consider invoking 
the contempt of Congress procedures set forth in 2 U.S.C.  192, 194.
    If Mr. Bannon believes that there are any additional issues 
relating to his non-compliance with the Subpoena that have not been 
addressed, please submit them in writing to the Select Committee by 6 
o'clock p.m. E.S.T. on Monday, October 18, 2021 for the Select 
Committee's consideration in its deliberations.
            Sincerely,
                                        Bennie G. Thompson,
                                                          Chairman.
                                 ______
                                 
                                 
                                 
    Chairman Thompson. Mr. Bannon's attorney said they needed 
time to, ``assess the Select Committee's request in light of 
litigation filed by former President Trump in the District of 
Columbia District Court yesterday.'' However, the former 
President's lawsuit is immaterial to Mr. Bannon's defiance of 
our lawful subpoena. I made that clear in a letter to Mr. 
Costello this morning.
    Without objection, I include my full letter in the record.
    [The information follows:]
     Letter From Chairman Bennie G. Thompson to Robert J. Costello
                                  October 19, 2021.
Mr. Robert J. Costello,
Davidoff Hutcher & Citron LLP, [redacted].
    Dear Mr. Costello: I write yet again to urge your client Stephen K. 
Bannon to change course and comply with the September 23, 2021, 
subpoena from the Select Committee to Investigate the January 6th 
Attack on the United States Capitol (``Select Committee'').
    As explained in our prior correspondence, your stated reasons for 
Mr. Bannon's flat refusal to provide documents and appear at a 
deposition have no legal basis or support. Because of Mr. Bannon's 
continued refusal to comply with the subpoena, the Select Committee has 
unanimously voted to recommend that the House of Representatives find 
Mr. Bannon to be in contempt of Congress. The detailed basis for that 
recommendation is contained in the Select Committee's report, a copy of 
which is available at the following link: https://docs.house.gov/
Committee/Calendar/ByEvent.aspx?EventID=114156. Should the House of 
Representatives agree with that recommendation, the Speaker of the 
House will certify the relevant statement of facts to the United States 
Attorney for the District of Columbia, ``whose duty it shall be to 
bring the matter before the grand jury for its action.'' See 2 U.S.C. 
Sec. 194.
    Additionally, President Biden's recently communicated views 
relating to your client's reliance on executive privilege as a basis 
for his non-compliance provide further support for the Select 
Committee's position. As you know, in its October 18, 2021, letter, the 
Office of the White House Counsel concluded that ``at this point we are 
not aware of any basis for [Mr. Bannon's] refusal to appear for a 
deposition.'' The letter further noted that President Biden has 
``already determined that an assertion of executive privilege is not in 
the public interest, and therefore is not justified, with respect to 
certain subjects within the purview of the Select Committee.'' In 
short, the current President's statements should remove any doubt 
regarding the inappropriateness of Mr. Bannon's reliance on assertions 
of executive privilege as grounds for his noncompliance with the 
subpoena. Mr. Bannon has no basis in law to continue to defy the 
appropriate use of congressional subpoena authority.
    These developments underscore the folly of any continuing defiance 
of the Select Committee subpoena by Mr. Bannon. The Select Committee 
remains focused on expeditiously obtaining the testimony and documents 
necessary to meet our responsibilities and we continue to expect 
immediate compliance by Mr. Bannon. Should Mr. Bannon choose to change 
his posture, please notify Select Committee staff [redacted].
            Sincerely,
                                        Bennie G. Thompson,
                                                          Chairman.

    Chairman Thompson. Furthermore, the White House yesterday 
issued a letter to Mr. Bannon's attorney stating, ``We are not 
aware of any basis for your client's refusal to appear for a 
deposition,'' before the Select Committee, and further said 
that, ``President Biden has already determined that an 
assertion of executive privilege is not in the public interest 
and, therefore, is not justified with respect to certain 
subjects within the purview of the Select Committee.''
    Without objection, I include the full White House letter in 
the record.
    [The information follows:]
    
    
    Chairman Thompson. This amendment in the nature of a 
substitute updates the report to reflect these developments, 
and it is now even clearer that Mr. Bannon has no lawful 
grounds not to comply with our subpoena.
    If there is no further debate, the question is on agreeing 
to the amendment in the nature of a substitute.
    Those in favor, say ``aye''.
    Those opposed, say ``no''.
    In the opinion of the Chair, the ayes have it, and the 
amendment in the nature of a substitute is agreed to.
    I now recognize the Vice Chair, Ms. Cheney, for a motion.
    Vice Chair Cheney. Mr. Chairman, I move that the Committee 
favorably report to the House the Committee's Report on a 
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, as amended.
    Chairman Thompson. The question is on the motion to 
favorably report to the House.
    Those in favor, say ``aye''.
    Those opposed, ``no''.
    In the opinion of the Chair, the ayes have it.
    Vice Chair Cheney. Mr. Chairman, I request a recorded vote.
    Chairman Thompson. A recorded vote is requested. The clerk 
will call the roll.
    [The clerk called the roll, and the result was announced as 
follows:]

                     Select Committee Rollcall No. 1
       Motion by Vice Chair Cheney to Favorably Report, as Amended
                       Agreed to: 9 ayes to 0 noes
------------------------------------------------------------------------
                          Members                               Vote
------------------------------------------------------------------------
Ms. Cheney, Vice Chair....................................          Aye
Ms. Lofgren...............................................          Aye
Mr. Schiff................................................          Aye
Mr. Aguilar...............................................          Aye
Mrs. Murphy (FL)..........................................          Aye
Mr. Raskin................................................          Aye
Mrs. Luria................................................          Aye
Mr. Kinzinger.............................................          Aye
Mr. Thompson (MS), Chairman...............................          Aye
------------------------------------------------------------------------

    Chairman Thompson. The motion is agreed to.
    The Vice Chair is recognized.
    Vice Chair Cheney. Mr. Chairman, pursuant to clause 2(l) of 
rule XI, I request that Members have 2 calendar days in which 
to file with the clerk of the Committee supplemental or 
additional views on the measure ordered reported by the 
Committee tonight.
    Chairman Thompson. So ordered.
    Without objection, staff is authorized to make any 
necessary technical or conforming changes to the report to 
reflect the actions of the Committee.
    There being no further business, without objection, the 
Select Committee stands adjourned.
    [Whereupon, at 7:57 p.m., the Select Committee was 
adjourned.]



                            A P P E N D I X

                              ----------                              

 Report on a 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


		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                Amendment in the Nature of a Substitute


		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



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