WASHINGTON - Committee on House Administration's Subcommittee on Oversight Chairman Barry Loudermilk (GA-11) filed an amicus brief with the Supreme Court explaining the fundamental flaws of Vice-chair Liz Cheney and Chair Bennie Thompson's partisan January 6 Select Committee and subsequent contempt and criminal referral. The Select Committee was unable to comply with the rules governing its own procedures which required consultation with the minority ranking member, which did not exist. Therefore, the prosecution of Mr. Bannon for failing to appear for a deposition is invalid as is any criminal prosecution.

As first reported by the Daily Caller, this amicus brief supports Steve Bannon's emergency application to the Supreme Court, who has been ordered to turn himself in by July 1 to start a four-month prison sentence for refusing to comply with one of the Select Committee’s flawed subpoenas. 

The Select Committee did not function within the bounds of the Select Committee's own rules, nor House Rules, because the Select Committee had no Ranking Member of the Minority. Vice-chair Liz Cheney was not a Ranking Member. Therefore, the Select Committee violated House Rules, and its own rules, by attempting to compel Mr. Bannon to appear for a deposition without notifying a Ranking Member. 

The Select Committee asked the House to hold Mr. Bannon in contempt in part for failing to appear for a deposition. However, the Select Committee did not inform the House of this fundamental flaw when it asked the House to hold Mr. Bannon in contempt in 2021. The Department of Justice’s indictment of Mr. Bannon specifically references Mr. Bannon’s failure to appear for a deposition. The Select Committee’s inability to comply with its own rules invalidate Bannon’s contempt order and the prosecution of Mr. Bannon should be dismissed or reconsidered in light of this information.

Statement from Chairman Loudermilk:
“Over the past year and a half, my Subcommittee has uncovered concerning misconduct by the Democrats’ former January 6 Select Committee," said Chairman Loudermilk. "They suppressed evidence, deleted key files, and intentionally misled Congress and the American people all in an effort to protect a preconceived narrative. 

"The Select Committee failed to comply with the rules governing its own procedures. Therefore, the prosecution of Mr. Bannon for failing to appear for a deposition is invalid, as is any criminal prosecution. My amicus brief will hold the Select Committee accountable and nullify their deeply flawed work conducted outside the bounds of legitimacy.”

Statement from America First Legal Vice President Dan Epstein:
“The January 6 Select Committee’s violations of House Rules and Regulations invalidates their formal actions against individuals," said Dan Epstein. "Thus the indictment of Bannon lacks a legal foundation. The Supreme Court should take note of Chairman Loudermilk’s arguments to grant the emergency stay Bannon has requested."

Read the full article here.

Background:

Former Republican Wyoming Rep. Liz Cheney serving as Vice Chair of the committee does not satisfy the legal requirements that the Select Committee would consult with the Ranking Member. The Vice-Chair is not the ranking member and Cheney was selected by former Speaker of the House Nancy Pelosi.

H. Res. 503 which established the Pelosi’s Select Committee identified specific requirements for subpoenas and the taking of depositions. This resolution specifically required the Chairman of the Select Committee, Bennie Thompson, to “consult” with the ranking member prior to taking a deposition. 

This was impossible for Thompson to do given the Select Committee did not have a ranking member. Therefore, any contempt resolution presented by the Select Committee relating to individuals failing to appear for a deposition is fundamentally flawed and should be invalidated. Additionally, any criminal prosecution that was initiated in full or in part on a witness's failure to appear for a deposition is flawed and should be dismissed and reevaluated based on this information.
 
The amicus brief comes after Steve Bannon asked the Supreme Court to delay his prison sentence last week. Bannon has been ordered to turn himself in by July 1 to start his four-month prison sentence for contempt of Congress.

Additionally, Chairman Loudermilk and his team are working on legislation that will nullify the fundamentally flawed work of the January 6 Select Committee.