Stephen K. Bannon Indicted for Contempt of Congress

Accountability and justice is a limited thing. When it comes to Trump and all the wrongs connected to him, many are rightly angry and impatient. Many will not be satisfied enough will happen or happen quickly enough. Have we not been down this road before with things like torture during the Bush Administration?

A small step was taken today. Stephen Bannon was "charged with one contempt count involving his refusal to appear for a deposition and another involving his refusal to produce documents, despite a subpoena from the House Select Committee to Investigate the January 6 Attack on the U.S. Capitol."

People wondered why this took so long. Why did it take over three weeks from Congress holding him in contempt for not testifying to the 1/6 Committee? People used this as yet another reason (some re-litigating his nomination to the Supreme Court, which still can very well be defended given all that is involved) to bad mouth Merrick Garland. Garland put forth a statement:

“Since my first day in office, I have promised Justice Department employees that together we would show the American people by word and deed that the department adheres to the rule of law, follows the facts and the law and pursues equal justice under the law,” said Attorney General Merrick B. Garland. “Today’s charges reflect the department’s steadfast commitment to these principles.”

The process to hold people in contempt of Congress accountable is not known for its speed. It simply has not been a major concern -- with some exceptions (such as during the Red Scare) -- when people interfere with Congress. This is especially the case when it is some government official or previous official claiming some sort of privilege. It is bad, but it's old news.  And, no, this is not meant to handwave.  It is well time that a streamline process is used.  Trump running out the clock was outrageous. 

Great change -- this was the case for the Obama Administration airing out but not prosecuting (some "bad apples" were prosecuted) those involving in torture and mistreatment of detainees or closing GITMO -- requires multiple institutions to join together.  It's fucking hard.  I'm not going to pretend to know how best to do it.  Maybe, angry reactions can help.

It still is true that factors were involved here.  Lawfare explained the privilege issues that the Justice Department had to navigate.  Also, the person who signed the indictment -- the U.S. attorney for D.C. -- was sworn in a week ago.  The "what is taking so long?!" brigade might keep such things in mind.  And, after multiple people very well seemed to get too soft treatment, we are now starting to get real punishment for 1/6 too.

One liberal voice who also is a regular guest on MSNBC complained that if he didn't show up to testify, you wouldn't wait three weeks.  In this case, that is far from clear, especially if he asserted some sort of press privilege.  Contempt of Congress involves a process. It isn't just some witness not showing up for court in a criminal trial. Some new (as a matter of normal practice) "inherent contempt" process (enforced how?) sounds nice, but Congress is working with the tools readily available. 

Someone else spoke about how people of color who attacked government buildings will get quickly arrested.  Nice red meat.  But, the issue here is not Stephen Bannon's guilt for some sort of conspiracy (he didn't directly invade the U.S. Capitol ... it being hard to get the "big boys" is not news). It is for criminal contempt.  THREE similar cases were filed since 1990.  

I know some will say "sure white boy" when I say that I am guardedly supportive of Merrick Garland.  It's hard not to at least respect his public service.  And, as I have noted in the past, if you don't like his style, targeting him is somewhat misplaced.  It blame goes to the institution and ultimately to President Biden.  And, the people who voted him in.

We are a long way from accountability and justice.  But, in November 2021, it is a bit too soon to argue nothing is there.  This is an important step, one that can be a message for others who choose not to work with Congress.  We also have Republicans still defending stonewalling, past bipartisan blockages compared to the stakes here.  Can we PLEASE continuously remind people the stakes when noting the possibility of party control changing in November 2022?  Not blithely speak of it as horse racing?

Meanwhile, the battle continues, including the court of appeals for now declaring release of Trump documents.  We are told this is all to the good. It's a careful appellate process involving a non-favorable panel.  Who will hear oral arguments the end of the month (let's say).  And, what?  Will we can a decision by the end of the year?  Again, I understand the anger.  This is all bullshit on a basic level.  Run out the clock.  Republicans 2023.

We still have to fully respect what is going on.  The Stephen Bannon indictment here was a good thing.  You push and criticize, but also give credit when credit is due.  And, realize the complications.  That all is involved in the long fight.  

Again, what do I know?  

And, right after I published this, there is one more "see?" for those who want to Eeyore -- the case was assigned to a conservative judge.  But, one comment notes the judge ruled against Trumpies before.  And, if we are concerned the judge will hold Bannon not guilty on legal grounds, that would be appealed as much as a judge who held the other way.  We can't nay-say to death here.  And, the precedent of contempt still matters.  Onward.