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Ms. LOFGREN. Madam Speaker, I would note that the gentleman from Indiana is incorrect. We are not pursuing a law enforcement investigation. Only the DOJ can do that.
What we are doing is taking the steps that are provided for under the congressional contempt statute that has existed for many decades because the select committee's charge is to get to the bottom of what happened on January 6, who planned it, who paid for it, what was the intent, and what legislative steps can we recommend to remove future threats to our Constitution.
To do that, we need information, both documents and testimony; and to get that we issue subpoenas.
Now what is a subpoena?
Is it just a suggestion, a mere request, an encouragement to testify?
No. A subpoena is a writ issued by a government agency, in this case the Congress, to compel testimony or production of evidence. When you get a subpoena, Madam Speaker, the law requires you to comply. If you think there may be some valid reason that excuses you from telling the truth under oath, then you have to come in and make your case to the committee.
Steve Bannon is the only person who has outright refused to engage with the committee. He thinks that if he simply obstructs Congress by not showing up he will escape the consequences. But as Theodore Roosevelt said, ``No man is above the law and no man is below the law.''
If you get a subpoena, you cannot hide behind vague and immaterial claims of privilege.
The cases make it clear--Judicial Watch, Nixon v. GSA, and the McGahn case--executive privilege is limited to immediate White House advisers on government policy. Bannon is a private citizen. His extravagant claims can't shield his conversations and plotting with other private citizens. His status, according to the cases, doesn't get executive privilege protection. He has no absolute immunity.
Madam Speaker, what would happen if an American received a subpoena from Congress or a court?
Do you think they could get away with just saying: Go fly a kite? They would be held accountable.
And so should Mr. Bannon be held to account for defying the law regarding this subpoena.
Madam Speaker, to defend the rule of law, we must vote ``yes'' on this resolution.
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