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House Republicans Submit Amicus Brief to SCOTUS in Attempt to Invalidate Steve Bannon’s Prosecution

Rep. Loudermilk: Jan. 6 Committee ‘violated House Rules, and its own rules, by attempting to compel Mr. Bannon to appear for a deposition’

House Republicans Submit Amicus Brief to SCOTUS in Attempt to Invalidate Steve Bannon’s Prosecution

House republicans, led by Rep. Barry Loudermilk (R-Ga.), have filed an amicus brief with the U.S. Supreme Court in an attempt to help populist pundit Steve Bannon avoid prison.

Early this month, Bannon, who served as an advisor to former President Donald Trump, was ordered to report to prison on July 1. The War Room host was sentenced to four months in federal prison after he was convicted on two counts of contempt after refusing to comply with a Congressional subpoena from the Jan. 6 Committee.

The amicus brief, filed on Wednesday, argues that the Jan. 6 Committee’s subpoena was invalid.

“The Select Committee did not function within the bounds of the Select Committee's own rules, nor House Rules, because the Select Committee had no Ranking Member of the Minority,” reads a press release from the Committee on House Administration (CHA). “Vice-chair Liz Cheney was not a Ranking Member. Therefore, the Select Committee violated House Rules, and its own rules, by attempting to compel Mr. Bannon to appear for a deposition without notifying a Ranking Member.”

“The Select Committee’s inability to comply with its own rules invalidate Bannon’s contempt order and the prosecution of Mr. Bannon should be dismissed or reconsidered in light of this information,” the statement said.

“Over the past year and a half, my Subcommittee has uncovered concerning misconduct by the Democrats’ former January 6 Select Committee," said Loudermilk, who serves as CHA chairman. "They suppressed evidence, deleted key files, and intentionally misled Congress and the American people all in an effort to protect a preconceived narrative.”

He reiterated that the prosecution against Bannon is “invalid, as is any criminal prosecution … deeply flawed [and] outside the bounds of legitimacy.”

“The move comes as the Supreme Court nears a decision on whether to allow Bannon to go to jail on July 1 or remain free while he appeals his conviction,” POLITICO reports. “The Justice Department is due to file a brief with the high court Wednesday urging Bannon’s immediate jailing. Chief Justice John Roberts may decide the matter as soon as Wednesday afternoon or may refer it to the full court for further consideration.”

With July 1 right around the corner, House Republicans are ramping up efforts to help Bannon delay time behind bars.

A separate amicus brief will be filed by House leaders in the D.C. Circuit Court of Appeals,

House Speaker Mike Johnson (R-La.), Majority Leader Steve Scalise (R-La.), and Majority Whip Tom Emmer (R-Minn.) make up the majority of the Bipartisan Legal Advisory Group, which guides the legal positions of the House.

“The amicus brief will be submitted after Bannon files a petition for rehearing en banc and will be in support of neither party,” the three lawmakers said in a joint statement quoted by The Hill. “It will withdraw certain arguments made by the House earlier in the litigation about the organization of the Select Committee to Investigate the January 6 Attack on the U.S. Capitol during the prior Congress. House Republican Leadership continues to believe Speaker Pelosi abused her authority when organizing the Select Committee.”

In a Tuesday interview on Fox News, Johnson told Sean Hannity the work of the Jan. 6 Committee was “tainted.”

“We’ll be expressing that to the court, and I think it will help Steve Bannon in his appeal,” he said.

In a text message to Axios, Bannon commended House Republicans and Johnson, whom Bannon has often criticized, going so far as nicknaming the speaker "Polly Pockets."

"Speaker Johnson and House leadership showed tremendous courage in repudiating the illegally constituted J6 Committee and its activities/investigations," Bannon told the outlet.

Last week, Rep. Thomas Massie (R-Ky.) drafted a resolution to rescind subpoenas issued to Bannon and the already imprisoned Peter Navarro, Trump’s former economic advisor, and declare the Jan. 6 Committee illegitimate.

“Why don’t we rescind the Congressional subpoena for Steve Bannon and officially repudiate the J6 committee by a vote of Congress?” Massie asked Johnson in a June 6 X post.

“For nearly two years, the January 6th Committee presented uncorroborated evidence that fit its narrative with the intent of disgracing President Trump, his advisors, and supporters in an effort to influence future elections,” Massie’s resolution reads.

“The imprisonment of Peter Navarro and the impending imprisonment of Steve Bannon represents an unprecedented attempt to silence and marginalize political opponents,” according to the document.

“Time is of the essence,” Massie said. “Speaker Johnson should immediately bring this resolution to the floor for a vote!”

Editor's Note: A previous version of this article did not include comments from Bannon and further context introducing those comments. 

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