Trump ally Steve Bannon held in criminal contempt

By Aditi Sangal, Adrienne Vogt, Meg Wagner, Melissa Mahtani and Veronica Rocha, CNN

Updated 6:18 p.m. ET, October 21, 2021
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5:57 p.m. ET, October 21, 2021

The Bannon referral has arrived at the US Attorney's office

From Zachary Cohen and Ryan Nobles

The House's Steve Bannon referral arrived at the US Attorney’s office today at 5:30 p.m. ET, according to House Speaker Nancy Pelosi’s office.

Earlier today, the House voted to approve the Jan. 6 committee's report recommending Bannon, an ally of former President Donald Trump, be held for criminal contempt of Congress after he defied a subpoena to appear before the panel.

Members of the committee have said the panel believes Bannon has significant knowledge of the planning around the attack.

Now, the Justice Department will decide whether to bring charges that could result in jail time or fines.

5:21 p.m. ET, October 21, 2021

Pelosi will sign House-passed Bannon contempt referral "shortly"

From CNN's Zach Cohen, Ryan Nobles and Annie Grayer 

House Speaker Nancy Pelosi will sign the just-passed House referral of Steve Bannon's contempt finding soon, according to her office.

The House clerk will then transmit the referral to the Department of Justice today, once the measure is signed.  

5:02 p.m. ET, October 21, 2021

The House voted to hold Steve Bannon in contempt of Congress. Here's what happens next.

From CNN's Paul LeBlanc

Steve Bannon speaks during an election rally in Richmond, Virginia, on October 13.
Steve Bannon speaks during an election rally in Richmond, Virginia, on October 13. (Steve Helber/AP)

Nine House Republicans broke ranks Thursday to join Democrats in voting to hold Steve Bannon in contempt of Congress for defying a subpoena from the select committee investigating the Jan. 6 attack on the US Capitol. 

Members of the committee have said the panel believes Bannon has significant knowledge of the planning around the attack.

While Democrats didn't need any GOP votes in order to refer the criminal contempt charge to the Justice Department, these Republicans voted in favor of doing so: 

  • Rep. Liz Cheney of Wyoming (Jan. 6 committee member)
  • Rep. Brian Fitzpatrick of Pennsylvania
  • Rep. Anthony Gonzalez of Ohio
  • Rep. Jaime Herrera Beutler of Washington
  • Rep. John Katko of New York
  • Rep. Adam Kinzinger of Illinois (Jan. 6 committee member)
  • Rep. Nancy Mace of South Carolina
  • Rep. Peter Meijer of Michigan
  • Rep. Fred Upton of Michigan

Now that the referral has passed the House, it heads to the Justice Department, which will ultimately decide whether to bring charges that could result in jail time or fines.

Any person who is found liable for contempt of Congress is then guilty of a crime that may result in a fine and between one and 12 months imprisonment. But this process is rarely invoked and rarely leads to jail time.

As severe as a criminal contempt referral sounds, the House's choice to use the Justice Department may be more of a warning than a solution. Holding a person in criminal contempt through a prosecution could take years, and historic criminal contempt cases have been derailed by appeals and acquittals.

5:21 p.m. ET, October 21, 2021

The resolution to hold Steve Bannon in contempt of Congress passed largely along party lines

From CNN's Kristin Wilson 

The House voted 229 to 202, largely along party lines, to find former Trump adviser Steve Bannon in criminal contempt of Congress after he defied a subpoena from the committee investigating the Jan. 6 attack on the Capitol.

Nine Republicans voted with all 220 Democrats to pass the resolution: House Select Committee Vice Chair Liz Cheney and Reps. Adam Kinzinger, Nancy Mace, Fred Upton, Peter Meijer, John Katko, Brian Fitzpatrick, Anthony Gonzalez and Jaime Herrera Beutler.

Rep. Greg Pence – the brother of the former Vice President – did not vote.

4:26 p.m. ET, October 21, 2021

House votes to hold Trump ally Steve Bannon in criminal contempt

The House of Representatives voted to refer a criminal contempt charge against former President Trump's longtime ally Steve Bannon to the Department of Justice.

Attorney General Merrick Garland will make the final decision on whether to prosecute.

The House vote comes after the Jan. 6 committee formally approved holding Bannon in contempt on Tuesday night. It will stand as a warning to potential witnesses about the consequences of not cooperating with the investigation.

Bannon has previously argued that he is unable to cooperate with the committee until matters of executive privilege are resolved by the courts.

His attorney has told the committee that "the executive privileges belong to President Trump" and "we must accept his direction and honor his invocation of executive privilege."

"The plain fact here is that Mr. Bannon has no legal right to ignore the committee's lawful subpoena," Cheney said on Tuesday.

3:54 p.m. ET, October 21, 2021

NOW: House voting on Bannon criminal contempt referral

(House TV)
(House TV)

The House now voting on a resolution to find Steve Bannon, one of former President Trump's closest allies, in criminal contempt of Congress after he defied a subpoena from the committee investigating the Jan. 6 attack on the US Capitol.

The action marks a significant escalation in how far the panel is willing to go to rebuke individuals who refuse to cooperate as it investigates the violent attack that sought to overturn the results of the 2020 presidential election.

If the resolution passes, it would be referred to the Justice Department. Attorney General Merrick Garland would make the final decision on whether to prosecute.

3:52 p.m. ET, October 21, 2021

Rep. Schiff to Congress on the Jan. 6 attack: "We were here ... We saw the bloody results"

Rep. Adam Schiff speaks on the House floor in Washington, DC, on October 21.
Rep. Adam Schiff speaks on the House floor in Washington, DC, on October 21. (House TV)

Rep. Adam Schiff, the chair of the House Intelligence Committee, recalled the chaos of the Jan. 6 Capitol attack in his remarks today as members debated a resolution declaring Steve Bannon in contempt of Congress. 

"Congress is investigating the worst attack on our Capitol in over a century, made worse still by the fact it was carried out by our own people — people who had been misled to believe that their election had been stolen and that violence was now justified. People who are still being misled by a dangerous lie that may lead to even more bloodshed," Schiff said.

He continued:

"This is not some theoretical matter. We were here. We heard the doors breaking, the glass shattering, the cries from outside the chamber. And we saw the bloody results: the officers injured and those who died."

The House will soon vote on whether to approve the Jan. 6 committee's report recommending Bannon, an ally of former President Donald Trump, be held for criminal contempt of Congress after he defied a subpoena to appear before the panel.

Members of the committee have said the panel believes Bannon has significant knowledge of the planning around the attack.

3:39 p.m. ET, October 21, 2021

Here's a reminder of the bipartisan lawmakers serving on the Jan. 6 committee

The House select committee tasked with investigating the January 6 attack on the Capitol holds a meeting in Washington, DC, on October 19. From left to right are: Reps. Stephanie Murphy, Pete Aguilar, Adam Schiff, Zoe Lofgren, Chairman Bennie Thompson, Vice Chair Liz Cheney, Adam Kinzinger, Jamie Raskin and Elaine Luria.
The House select committee tasked with investigating the January 6 attack on the Capitol holds a meeting in Washington, DC, on October 19. From left to right are: Reps. Stephanie Murphy, Pete Aguilar, Adam Schiff, Zoe Lofgren, Chairman Bennie Thompson, Vice Chair Liz Cheney, Adam Kinzinger, Jamie Raskin and Elaine Luria. (J. Scott Applewhite/AP)

There are nine lawmakers on the Jan. 6 Select Committee. Seven of them are Democrats and two are Republicans.

Democratic Rep. Bennie Thompson is the chair of the committee.

Rep. Liz Cheney is the vice chair. She and Rep. Adam Kinzinger are the only two Republicans on the committee. They have defied their party by joining the panel controlled by Democrats, and Cheney even sacrificed her own position in leadership in order to remain vocal and outspoken about the need to investigate the Jan. 6 insurrection at the US Capitol.

Other members are Democratic Reps. Jamie Raskin, Elaine Luria, Adam Schiff, Pete Aguilar, Stephanie Murphy and Zoe Lofgren.

3:43 p.m. ET, October 21, 2021

GOP Rep. Kinzinger urges colleagues to support Bannon criminal contempt referral

From CNN's Josiah Ryan

Republican Rep. Adam Kinzinger speaks on the House floor in Washington, DC, on October 21.
Republican Rep. Adam Kinzinger speaks on the House floor in Washington, DC, on October 21. (House TV)

Republican Rep. Adam Kinzinger once again defied his party’s leadership and urged lawmakers to vote to support a recommendation to hold Steve Bannon in contempt, saying the former Trump strategist had shown “scorn” for the congressional subpoena.

Kinzinger went on to suggest that Bannon had displayed “utter contempt” for Americans' right to know how the Jan. 6 attack on transpired.

“Voting on a criminal contempt resolution is not the position we hoped to be in, but Steve Bannon went out of his way to earn this resolution... and now we must approve it,” Kinzinger said.

The lawmaker representing Illinois is one of just two Republicans to serve on the House Select Committee investigating the Jan. 6 attack on the US Capitol.

Kinzinger went on to say that Bannon showed contempt for both Congress and the American people.

“Mr. Bannon’s willful disregard for the select committee subpoena demonstrates his utter contempt for the American people’s right to know how the attacks on Jan. 6 came about,” said Kinzinger, adding, “No one, and I repeat no one, is above the law, and we need to hear from him.”