Refusing a subpoena by Congress isn’t what Bannon is hoping for. If you believe that Congress is investigating is outside their scope, it’s too political to be a lawful investigation, you still have to answer the subpoena and then testify under oath your belief as such. This was something pointed out in Watkins.
So the only way SCOTUS can overturn the conviction is finding some new ability to ignore a subpoena, which I’m not sure how they can justify a new power without it also coming off as SCOTUS removing Congressional power, a clear violation of the separation of power.
You can walk into a hearing and literally sit there and not answer. You can indicate that they’re full of themselves. Your 5th Amendment right overrides government oversight in personal matters. They were seeking Bannon’s involvement in the Jan. 6 attack, he literally could have gotten up there, gave them the middle finger, indicated his fifth amendment right, and sat there with arms crossed the rest of the time. And he totally could have had SCOTUS get him off scotfree with a Watkins argument, the end.
But if you DO NOT even fucking go, well you’ve just shot yourself in the foot. Because now, SCOTUS has to invent something to save your dumbass, and reasons to invent a new thing that could potentially backfire are based on how much it’s worth it to them to do such.
Literally guy could have done all kinds of things to make this easier for him. Just not showing was quite possibly the dumbest way to do it.
Refusing a subpoena by Congress isn’t what Bannon is hoping for. If you believe that Congress is investigating is outside their scope, it’s too political to be a lawful investigation, you still have to answer the subpoena and then testify under oath your belief as such. This was something pointed out in Watkins.
So the only way SCOTUS can overturn the conviction is finding some new ability to ignore a subpoena, which I’m not sure how they can justify a new power without it also coming off as SCOTUS removing Congressional power, a clear violation of the separation of power.
You can walk into a hearing and literally sit there and not answer. You can indicate that they’re full of themselves. Your 5th Amendment right overrides government oversight in personal matters. They were seeking Bannon’s involvement in the Jan. 6 attack, he literally could have gotten up there, gave them the middle finger, indicated his fifth amendment right, and sat there with arms crossed the rest of the time. And he totally could have had SCOTUS get him off scotfree with a Watkins argument, the end.
But if you DO NOT even fucking go, well you’ve just shot yourself in the foot. Because now, SCOTUS has to invent something to save your dumbass, and reasons to invent a new thing that could potentially backfire are based on how much it’s worth it to them to do such.
Literally guy could have done all kinds of things to make this easier for him. Just not showing was quite possibly the dumbest way to do it.
I mean, there is precedent:
https://dayton247now.com/news/local/rep-jim-jordan-urbana-ohio-violated-house-ethics-defying-subpoenas-january-6-committee