GOP to use Bannon case as precedent in Wray contempt case.

House Republicans Plan to Cite Bannon Precedent in Contempt of Congress Vote Against FBI Director Wray

House Republicans are gearing up to hold FBI Director Christopher Wray in contempt of Congress, and they plan to use the case of Stephen Bannon as a precedent. If successful, the vote would result in a criminal referral to the Department of Justice, which would then decide whether to seek charges against Wray.

Accusations of Intentional Stalling

House Republicans have accused Wray of intentionally stalling multiple investigations, and their frustrations came to a boiling point this week when the FBI missed the latest deadline to provide a document containing details of an alleged scheme involving then-Vice President Joe Biden and an unnamed foreign national. Oversight Committee Chairman James Comer (R-KY) said Wray had given lawmakers “the runaround” for three weeks regarding the document.

Comer hinted that the Bannon precedent will serve as a guide in the pursuit of a referral for Wray. “It’s going to look very similar to what the Democrats did with Steve Bannon,” Comer said Tuesday of the emerging contempt case. “I mean, that was the perfect example of a congressional committee holding someone in contempt of Congress.”

Double Standard?

Former U.S. Attorney Andrew McCarthy noted that the Justice Department rarely acted on contempt of Congress referrals before Bannon. McCarthy also pointed out that the Justice Department declined to pursue charges against other Trump-era figures who defied subpoenas from House Democrats. Former White House chief of staff Mark Meadows and his former deputy Dan Scavino, for example, did not face charges after Congress held them in contempt for not cooperating with the Jan. 6 inquiry.

McCarthy believes that the Bannon prosecution was wrongheaded and that the Justice Department should stay out of controversies between Congress and witnesses it subpoenas. Instead, Congress has other tools to punish sitting officials who flout oversight efforts, such as impeachment.

Unlikely Outcome

The last time the Justice Department successfully prosecuted someone for ignoring congressional oversight requests was in 1974 in the aftermath of the Watergate scandal. The most recent indictment for contempt of Congress before Bannon, in 1983, resulted in an acquittal. While House Republicans are likely to use the appearances of a double standard when pressing for consequences for Wray, the chances of the Justice Department acting on a criminal referral for contempt remain low.

• House Republicans plan to hold FBI Director Christopher Wray in contempt of Congress.
• They plan to use the case of Stephen Bannon as a precedent.
• The vote would result in a criminal referral to the Department of Justice.
• Former U.S. Attorney Andrew McCarthy believes that the Justice Department should stay out of controversies between Congress and witnesses it subpoenas.
• The last time the Justice Department successfully prosecuted someone for ignoring congressional oversight requests was in 1974.