I realize that Bannon does get due process

[dsc]

but why can't he be charged by the DOJ for contempt and use the defense of Executive Privilege? Let that be litigated at the same time as his contempt citation not sequentially.

[PortTack]

1. That's a good question...

everyone wishes he would be thrown in jail including me. We can only speculate as to why. JMHO I really doubt the Justice dept, slow as they may seem to us is not looking the other way.

[Walleye]

2. Doesn't the law say he shall present in front of a grand jury,maybe I'm remembering it wrong

[gab13by13]

4. This is what confuses me,

a grand jury just decides whether there is enough evidence for a jury trial where Bannon will bring up his executive privilege defense. Why is executive privilege even considered in putting this before a grand jury? The charge is that Bannon refused to appear before a legal subpoena.

[Walleye]

5. That was my take on it.

[former9thward]

9. Bannon will be charged or not charged based on the decision of the DOJ

A grand jury is just a formality in this case. The DOJ is determining whether his defense of Executive privilege would be successful in stopping a subpoena. The DOJ will also have to determine whether their lack of prosecution of previous subpoena refusals by others would lead to the claim of selective political prosecution.

[gab13by13]

13. Grand juries usually vote to convict

but they don't have to, they can vote to dismiss.

[Sneederbunk]

14. Grand Juries do not vote to convict.

They vote to proceed or not proceed on the basis of probable cause.

[gab13by13]

16. I knew that, but I worded it poorly,

[EndlessWire]

19. Yeah, that's what I think.

I don't think they should be trying to take a short cut. If it was important enough to subpoena him, then they need to enforce the subpoena without trying to anticipate his defense to the reasons he got subpoenaed.

Maybe they're seeing who he is talking to, or busy giving him a second chance. Or something we can't see. Three weeks is really not that long, except for you or I.

[former9thward]

6. No.

The subpeona was for him to come to Congress and and answer questions to the House committee. Nothing to do with a grand jury.

[gab13by13]

11. Not the process I heard.

Why even bother with a grand jury then? DOJ should just arrest Bannon and schedule a jury trial. The process I heard was that the select committee and the House voted to send a criminal complaint charge to DOJ. DOJ must then decide whether to sent the case to a grand jury. If the grand jury indicts Bannon then the case goes before a jury trial.

[former9thward]

21. A grand jury protects prosecutors from false arrest claims.

If the police arrest someone and they are found not guilty in a trial they can file a claim of false arrest and get damages.. If the case is brought before a grand jury and they indict then under the law no false arrest claim can be filed if the person is later found not guilty. There are also other advantages to a grand jury when available but too technical to get into here with posts.

[Walleye]

18. Wouldn't there be an indictment for criminal contempt to prosecute him?

[former9thward]

20. That is the decision the DOJ has to make.

Whether to charge (indict) him.

[gab13by13]

3. Another issue with the delay in indicting Bannon,

is that he is flouting it, he does his pod casts and keeps pushing the Big Lie, keeps pushing the insurrection. From what I have heard, executive privilege doesn't apply to people trying to overthrow our government. Can't Bannon's language in his pod casts be used against him in denying him executive privilege?

[Scrivener7]

7. A really important point on this, made by DUer ffr:

https://www.democraticunderground.com/100216024504#post2

The last time that the House referred a contempt of Congress charge to DOJ
... then-President Reagan’s prosecutors immediately brought the matter to a grand jury; it returned an indictment just nine days after the House vote.

9 days! WTF!!!

This means all the excuses for why all of this just HAS to take months and months are complete bullshit.

[dsc]

8. and at that time the defenses can be raised

but my take is that at least some are arguing he shouldn't be indicted until after the executive privilege claim is litigated.

[gab13by13]

12. I am just an internet lawyer

but I agree with you.

[TreasonousBastard]

10. Different time, different law.

[former9thward]

22. A little inaccurate.

The last time the House referred a contempt of Congress charge to the DOJ was 2012. The AG, Eric Holder, refused a subpoena to testify. Since he was head of the DOJ the DOJ declined to prosecute.

[Mr.Bill]

15. Every day people get

arrested, charged, indicted, convicted and sentenced without a grand jury being involved. On a local level, grand juries are often just a cop-out for DAs who are more interested in getting elected again than justice. They are afraid to make a decision on a controversial case.

[Baked Potato]

17. I think contempt will be the least of Bannon's problems.

I think he has been dipping his hands in some real bad things.