Why the Justice Department is Taking So Long to Indict Steve Bannon

[Ohio Joe]

Attorney General Merrick Garland is frustrating a lot of people. Congress held Steve Bannon in contempt fully three weeks ago, and the Justice Department still has not yet indicted him. Over at Vanity Fair, Eric Lutz frets that Garland is “setting a dangerous precedent” by taking so long to spring the trap

Such exasperation over the Justice Department’s handling of Bannon seems widespread. Congress has acted, after all. The Justice Department is under an apparent legal obligation to put such matters before a grand jury. The facts are not in serious dispute: Bannon is defying a subpoena. Why hasn’t the indictment happened yet?

The answer will disappoint many people who are eager to see Bannon prosecuted: The question before the Justice Department that his case presents is not, in fact, a simple one. It’s a complicated, nuanced question with a variety of components that the Justice Department needs to work through. We discussed the complexity of the Bannon case at length in a recent episode of the Lawfare Podcast:

https://www.lawfareblog.com/why-justice-department-taking-so-long-indict-steve-bannon

It is a good read. Very long if you follow all the links and listen to the audio but well worth it.

[Me.]

1. Congress Can Proceed On Their Own

Yes? If so maybe they should just do so. I thought the initial response by the communications guy at DOJ was snotty and maybe justice needs pushbacck.

[JohnSJ]

2. The USA died November 2016. It seems trump has more power than President Biden

[Crunchy Frog]

3. I'm betting that things won't be so "nuanced" once the Rs are back in power.

[Ohio Joe]

4. If so...

They will probably continue with their horrible track record in court.

[gab13by13]

5. So the case is complicated,

I am an internet lawyer, let me give it a shot.

There is a dispute over whether Trump has executive privilege or if president Biden has executive privilege. My answer is a simple one, executive privilege does not apply to documents and information that were used to overthrow our democracy. Jurisdiction is meaningless when it is being used to hide who was behind a coup attempt.

[Ohio Joe]

7. That is not how the law works...

You cannot declare one guilty of a coup to convict them of contempt to get the document that show they were part of a coup.

See the circular logic there?

You may believe they are guilty... I know I believe they are guilty but we do in fact have rule of law and it has to be proven. Therefor steps must be taken correctly or they prove both jack and shit. It is why that fuckin guy has such a terrible track record in court.

[lagomorph777]

11. Executive Privilege does not apply if you are not the Executive.

Period.

[onenote]

15. When you and at least four other like minded individuals get on the SCOTUS

you can overrule Nixon v GSA and declare the relevant portions of the Presidential Records Act that expressly give a former president standing to assert executive privilege.

But the current law is opposite of what you state.

Period.

[sarcasmo]

6. One year until mid terms, time is slipping away.

[Corgigal]

8. He was suppose

to show up. That’s all. He doesn’t need to answer one question.

Play their game, arrest him, and stall.

[Ohio Joe]

9. Stalling is what they want...

How does doing exactly what they want help?

[lagomorph777]

12. Stalling while holding the crooks in jail is entirely different from stalling and doing nothing.

I'm all for it.

[Ohio Joe]

14. So... That would just increase the amount of stalling...

Everything else would be put on hold until it was decided if the jailing was legal... Which it would not be but it would add months more to the case.

I get it... TFG uses illegal tactics so it might feel right we should as well but in the end it would hand them victory. He has a terrible track record in court just because he tries illegal shit... We should be smarter then that and I'm glad we are being smarter.

[lagomorph777]

18. Umm, no.

Soft, pasty people who have lived high on other people's money their whole lives will not find jail very pleasant. Some will cave and start talking. Others will prefer to avoid jail by talking first. Rather than cause delay, it will speed up the process.

[Ohio Joe]

19. Neither Bannon nor Meadows will...

They will go with delays instead and right now they are the only two who really count. So... It delays and plays into their hands. Besides, it would only take one going for the delay for it to work.

[ratchiweenie]

10. I suggest that Biden should just order the papers released in this case and let them scream about it

That is exactly what the GQP would do. He should also have those people arrested and let the GQP scream about it. Who cares what the traitors think. They have already broken every rule of law and decency in the book. They tried to overthrow the government. And yes I did read the article and it is a good explanation but I don't care. They already gave up the right to "fairness" when they right to enact a coup.

[lagomorph777]

13. This is about Bannon, not the papers.

Though I do agreee with you.

Publish all the documents in the Washington Post. Then when SCROTUS rules they can't be released, go around and collect every copy of the Post.

[Ohio Joe]

16. President Biden has no such authority

That TFG uses illegal tactics shows in his terrible track record in court. We need to be smarter, not just as stupid as TFG.

[onenote]

17. Biden doesn't control the papers. The Archives do.

And Biden has expressly instructed the Archivist, as is provided under the Presidential Records Act, to release the documents to the Committee unless otherwise directed by a court, which is what has happened.

Given the reliance of both the District Court on Biden's isn't going instruct the Archivist to violate those instructions (nor could Biden issue such an instruction consistent with the terms of the Presidential Records Act.)

Responding to an attempt to overthrow the government by deciding to ignore acts of Congress and court orders seems like an approach fraught with peril.