WASHINGTON, D.C. – Today, America First Legal (AFL) filed an amicus brief on behalf of Representative Barry Loudermilk (GA-11), Chairman of the House Administration Subcommittee on Oversight, in support of Stephen K. Bannon’s emergency stay application to the Supreme Court of the United States. Mr. Bannon’s stay application seeks his continued release pending further appeal of his convictions.
Rep. Loudermilk and his subcommittee are investigating the numerous security failures leading up to and on January 6, 2021, and reviewing the creation, operation, and results of the partisan Select Committee to Investigate the January 6th Attack on the United States Capitol (“Select Committee”). It is settled law that Congress must follow its own rules. Consequently, AFL and Rep. Loudermilk argue that the Select Committee’s blatant noncompliance with House rules and resolutions means that it was unlawfully constituted and that both its subpoena to Mr. Bannon and the subsequent criminal referral that led to his convictions are invalid. Specifically:
- The Select Committee was illegal from the start. H. Res. 503, § 2(a), creating the Select Committee, provided that “the Speaker shall appoint thirteen Members, five of whom shall be appointed after consultation with the minority leader.” However, the Select Committee had only nine members because then-Speaker Pelosi ignored this provision to silence dissent.
- The Select Committee ignored deposition rules. H. Res. 503 § 5(6)(B) specifically stated that the Select Committee’s deposition authority was “governed by the procedures submitted by the chair of the Committee on Rules for printing in the Congressional Record.” The House Committee on Rules’ Regulations for the Use of Deposition Authority required the Select Committee’s chairman to consult with the ranking minority member prior to conducting a deposition. This rule was also ignored.
- The Select Committee lacked a ranking minority member and therefore could not conduct lawful investigations. The Select Committee ignored House rules requiring a ranking minority member. Instead, several months after it was created and more than a month following its first hearing, Representative Liz Cheney was named “Vice Chair.” A “vice chair” is distinct and different from a ranking minority member under House Rules, conference and caucus rules, and precedent. Without a ranking member, the Select Committee could not conduct lawful investigations.
- The Select Committee failed to follow the rules when it referred Mr. Bannon for contempt. The Select Committee claimed that Mr. Bannon improperly and illegally refused to appear for a deposition. However, because the Select Committee chose not to have a ranking member, it could not lawfully conduct Mr. Bannon’s deposition.
Accordingly, AFL and Rep. Loudermilk have asked the Supreme Court to grant Mr. Bannon’s application.
Statement from Representative Barry Loudermilk (GA-11):
“Over the past year and a half, my Subcommittee has uncovered concerning misconduct by the Democrats’ former January 6 Select Committee. 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.” said Rep. Loudermilk.
Statement from Dan Epstein, America First Legal Vice President:
“The January 6 Select Committee’s violations of House Rules and Regulations invalidates their formal actions against individuals. 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,” said Dan Epstein.
Read the brief here.
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Photo Credit Adobe Stock Images / Bill Chizek
