Why Isn't Steve Bannon in Jail? Ask the Democrats. - 2021-10-15

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F340.png Why Isn't Steve Bannon in Jail? Ask the Democrats. October 15, 2021, Elie Mystal, The Nation

Indicted money launderer and noted coup enthusiast Steve Bannon has refused to sit for a deposition in front of the January 6 Select Committee. He has also once again decided to defy congressional subpoenas for documents related to January 6. Bannon claims that the documents and testimony requested by the committee are subject to executive privilege. He says he will not comply without the blessing of former president Donald Trump.

Legally speaking, the word "former" is kind of important. Executive privilege attaches to the Office of the President of the United States, and we have only one of those at a time. The current president, Joseph R. Biden, has not asserted executive privilege over the information the committee requested. This fact alone renders Bannon's position wrong and obviously so, but it only scratches the surface of the legal and logical ridiculousness of Bannon's arguments. Bannon was not working for the White House at the time, which means executive privilege shouldn't apply to him. And the information he's being asked to turn over relates to a coup against the government, which can't possibly be privileged in the first place. Summing it all up: Bannon is claiming "executive privilege" on behalf of a guy who is not the executive, whom he wasn't working for, and who was trying to overthrow the government of the actual executive.

If the Trump era has taught us one thing, however, it's that being absolutely wrong about the law in every way is OK if nobody has the will to hold you accountable. Bannon knows that the Democrats simply do not have the strength to punish his lawlessness.

Wikipedia cite:
{{cite news | first = Elie | last = Mystal | title = Why Isn't Steve Bannon in Jail? Ask the Democrats. | url = https://www.thenation.com/article/politics/bannon-trump-coup/ | work = The Nation | date = October 15, 2021 | accessdate = October 19, 2021 }}