It was earlier this month when right-wing operative/podcaster Steve Bannon, after suffering a series of legal defeats, was ordered to report to prison no later than July 1 to begin a four-month sentence. As Raw Story noted, some of his Capitol Hill allies, however, have an idea to keep Bannon free.
Rep. Marjorie Taylor Greene (R-GA) came out in support of a plan to “rescind” subpoenas for Steve Bannon and Peter Navarro — even though it would not likely have any impact on their prison sentences.
Before digging in on the plan, let’s briefly summarize Bannon’s legal predicament, because it provides some necessary context.
The House select committee investigating the Jan. 6 attack sent Bannon a subpoena way back in September 2021. Even at the time, the seriousness was obvious: The podcaster was told that this was a legal summons — not a suggestion — and that failure to comply opened the door to meaningful legal consequences.
Bannon nevertheless refused to cooperate. The House then approved a resolution finding the GOP operative in contempt of Congress and referred the matter to the Justice Department, which indicted the former White House strategist. A jury later convicted Bannon — his lawyers struggled to present much of a defense — ultimately leading to his prison sentence.
A couple of weeks ago, Rep. Thomas Massie endorsed a provocative idea: Maybe, the Kentucky Republican argued, the House could keep Bannon free by voting to rescind the subpoena that Bannon chose to ignore.
Yesterday, Marjorie Taylor Greene threw her support behind the idea, vowing to help lead the effort. “[O]ur Republican-led House must nullify any actions taken by the illegitimate J6 committee,” the right-wing Georgian wrote online, adding, “House Republicans need to start taking action!”
At this point, GOP leaders haven’t given any indication whether such a vote is likely, and given that Bannon’s prison sentence is set to begin within 12 days, the Republican House leadership would have to make up its mind rather quickly.
But even if such a measure were to pass, there’s no reason to assume such a bill would serve as a get-out-of-jail-free card for the notorious podcaster. As a report in The New Republic noted, “Unfortunately for Greene and other House Republicans, rescinding the subpoenas doesn’t magically mean no crime was committed.”
It’s an important point. Bannon ignored a subpoena, was held in contempt, and faced a criminal trial. A jury heard the evidence and convicted him. A judge — a Trump-appointed judge — sentenced him to prison. The Massie/Greene plan is rooted in the idea that if the House were to effectively declare in the coming days, “Never mind!” that would wipe the slate clean for the convicted criminal.
I have a hunch the courts wouldn’t quite see it that way.
Complicating matters, Bannon is also slated to stand trial in New York City in September on charges related to his role in the “We Build the Wall” operation. In that case, he’s accused of helping defraud donors — and there’s nothing his allies in Congress can do about it.
