Opinion | Trump adviser Steve Bannon's indictment and arrest is a win for the rule of law. - NBCNewsTHINK
Should the D.C. Circuit Court affirm the ruling against former President Donald Trump, and the Supreme Court leave that ruling in place or affirm it, Congress has an additional option. It could consider civil contempt for those like Clark who show up but use privilege as a pretext to stay silent. That would require the House to sue recalcitrant witnesses to obtain a court order compelling an answer to questions.
Further, to the extent that a crime or fraud is the subject of an investigation — the case with the Capitol riot — a claim of executive privilege must give way because it cannot be used as a cover-up for unlawful activity. Moreover, Bannon’s case is exceptionally weak inasmuch as he was not an official in the Trump administration or Trump’s legal counsel during the relevant period.
A claim of executive privilege must give way because it cannot be used as a cover-up for unlawful activity. Select Committee Chair Bennie Thompson, D-Mich., Vice Chair Liz Cheney, R-Wyo., and members deserve congratulations, as does House Speaker Rep. Nancy Pelosi, D-Calif. Despite most Republicans refusing to join its investigation, the committee has moved forward at warp speed. It has reportedly talked toWhatever happens with Bannon’s testimony, the committee’s search for the truth about who designed and planned the Capitol riot is well on its way.
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