[Congressional Record Volume 167, Number 186 (Friday, October 22, 2021)]
[Extensions of Remarks]
[Pages E1133-E1134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   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.

[[Page E1134]]

  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.

                          ____________________