A federal judge has ordered the DOJ to hand over internal records related to its decision to prosecute Steve Bannon charge Bannon
Steve Bannon speaks to the media outside of the U.S. District Court in Washington Monday, Nov., 15, 2021. | Jose Luis Magana/AP PhotoA federal judge has ordered the Justice Department to produce internal records related to its decision to prosecute Steve Bannon, a win for the former Trump adviser, who maintains that he had a sound legal basis for refusing to comply with a subpoena from the House’s Jan. 6 select committee.
Nichols raised a hypothetical scenario in which Congress subpoenaed Ron Klain, the chief of staff to President Joe Biden. Klain, he said, could refuse to appear, citing published OLC opinions that say senior presidential advisers are “absolutely immune” from compelled congressional testimony. But under the Justice Department’s argument in the Bannon case he noted, Klain could be prosecuted anyway — creating a conflict between the department’s internal policies and its prosecution decisions.
OLC opinions limiting Congress’ ability to demand testimony from executive branch officials have been crucial roadblocks to lawmakers for decades, even though they carry no formal legal weight. Trump deployed them repeatedly to derail investigations into his effort to press Ukraine for investigations of his political rivals, as well as his handling of the special counsel investigation of Russian interference in the 2016 election.
“All of this is noise,” he said, flanked by attorneys Evan Corcoran, Robert Costello and David Schoen. Bannon said he considered the Biden administration “illegitimate” and that he is working to “destroy” the Democratic Party as a political institution during the midterm elections.
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