It's been over one month since the House Select Committee on Jan. 6 subpoenaed former Trump Chief of Staff Mark Meadows, former Deputy Chief of Staff Dan Scavino, former Pentagon Chief of Staff Kash Patel, and Stephen Bannon. They were given two weeks to submit documents and were required to be deposed one week later. Meadows and Patel got short postponements and Bannon got a contempt of Congress charge.
Meadows is asking for the same by continuing to delay and obstruct. According to multiple sources to CNN, the committee is considering giving him a new deadline to comply with the subpoena and holding him in criminal contempt if he does not. "Our patience isn't unlimited, and engagement needs to become cooperation very soon," one of the sources told CNN. "As we've already made clear, anyone who tries to stonewall our effort will face the consequences."
Chair of the committee, Rep. Bennie Thompson, told CNN that they are not at the point yet where they can take Meadows to court, but "If and when the staff says to us it's not going anywhere, there won't be any hesitation on the part of the committee to make the referrals." As opposed to Bannon, the complication with Meadows is that as the former chief of staff, Meadows can claim at least a degree of protection under executive privilege.
In addition to wanting to know what Meadows was doing and what was happening in the White House in the lead-up to Jan. 6 and that day itself, the committee wants to know his role in attempting to overturn the election—with his subpoena noting that he had communicated with "the highest officials at the Department of Justice requesting investigations into election fraud matters in several states."
It's been well-reported for months that Meadows was neck-deep in multiple schemes to "nullify" the election and allow Trump to remain in charge. That included efforts to pressure Georgia Secretary of State Brad Raffensperger to "find" votes, communications with Republican members of Congress, and a fantastical scheme in which Meadows pushed the Department of Justice to investigate whether Italy had interfered with the election using satellites.
But that's likely not all the committee wants to talk to Meadows about. Now that two of the insurrection organizers are talking, Meadows should probably think about negotiating his best possible deal. Several House Republicans have been named by those organizers as active in planning the protest, and both have been in contact with the committee. The two canaries are subjects of an unrelated investigation, and said that Rep. Paul Gosar (R-AZ) used to get them to plan the Ellipse protest. If they went along with organizing this protest, they said, Gosar promised Trump would give them "blanket pardons."
"Our impression was that it was a done deal," the organizer said, "that he'd spoken to the president about it in the Oval … in a meeting about pardons and that our names came up. They were working on submitting the paperwork and getting members of the House Freedom Caucus to sign on as a show of support." Guess who else hangs out in the Oval Office for these kinds of meetings? Yep, the chief of staff.
The Biden White House rejected claims from Trump for executive privilege over records held by the National Archives this week. White House counsel Dana Remus told the National Archives that Biden has determined that shielding the documents from Congress "is not in the best interests of the United States." She added, "Accordingly, President Biden does not uphold the former President's assertion of privilege." Trump has asked Meadows to claim executive privilege to evade the subpoena.
Meadow's compliance might be influenced by what, if anything, Attorney General Merrick Garland decides to do about Bannon and the contempt charge against him. Garland told lawmakers last week, ahead of the contempt vote, that the Justice Department will follow "the facts and the law" moving forward on Bannon's case.
"I will say what a spokesperson for the U.S. Attorney's Office in the District of Columbia said I think yesterday or a day before," Garland told a House committee. "If the House of Representatives votes for a referral of a contempt charge—then the Department of Justice will do what it always does in such circumstances, we will apply the facts and the law and make a decision consistent with the principles of prosecution."
Biden potentially complicated things a bit last weekend by telling reporters, "I hope that the committee goes after them and holds them accountable," referring to people resisting subpoenas. Presidents aren't supposed to do anything that looks like pressuring Justice, never mind four years of Trump doing just that. Asked in follow-up whether these people should be prosecuted by the Justice Department, he answered, "I do, yes." That led to Department of Justice spokesman Anthony Coley following up with a statement: "The Department of Justice will make its own independent decisions in all prosecutions based solely on the facts and the law. Period. Full stop."
That was October 15. Since then Bannon has accused Garland and the FBI of removing Trump from office in a coup. For real.
House Democrats on and off the committee are urging Garland to act. "The U.S. attorney [general] obviously has a decision to make; they have charging criteria. There are rules for prosecutors, they'll run it through their analysis. And, you know, we think that the public interest is obviously overwhelming in seeing that this subpoena is respected and that this crime is prosecuted," committee member Rep. Jamie Raskin (D-MD) told The Hill.
"I think there's a real desire on the part of the attorney general, for the most part, not to look backward," Rep. Adam Schiff said on the Yahoo News "Skullduggery" podcast last week. "Do I disagree with that? I do disagree with that, and I disagree with it most vehemently when it comes to what I consider even more serious offenses. For example, a taped conversation of Donald J. Trump on the phone with Brad Raffensperger, the secretary of state from Georgia, trying to coerce him into fraudulently finding 11,780 votes. […] Because I think if you or I did that, we'd be under indictment by now."
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