Thursday Reads: Send Out The U.S. Marshalls!

marshals-police2

Good Morning!!

There is outstanding news this morning from the January 6 Select Committee!

From Raw Story:

A member of the U.S. House select committee explained how Donald Trump’s allies might be rounded up and arrested if they continued to defy congressional subpoenas in the Jan. 6 investigation.

Rep. Stephanie Murphy (D-FL) appeared on MSNBC’s “Morning Joe,” where she called for fines or jail time for former Trump advisers who flout orders for their testimony and documents related to the insurrection, and she revealed what questions the committee had for former White House chief of staff Mark Meadows and others served with the subpoenas.

“I want to know how much planning was involved, who was involved in the planning, who funded it, how they — what their intent was when they came into that day, and then what they knew as that day unfolded and the safety and security of people like the vice president and members of Congress were at risk, [and] what they did, either to respond or not respond on that occasion,” Murphy said.

If those individuals don’t show up for their scheduled testimony, Murphy said they could be taken into custody by the U.S. Marshals Service.

“We have engaged with a wide variety of law enforcement offices, including the U.S. Marshals, in order to issue the subpoenas,” Murphy said. “We will use everything, as you said, with all due respect, we will use all of the agencies and all of the tools at our disposal to issue the subpoenas and enforce them.”

Despite all the complaints on social media, today is the day the people who were subpoenaed by the committee were required too appear and produce documents; nothing can be done to enforce the subpoenas unless they don’t show up.

Yesterday the Committee subpoenaed Jeffrey Clark, the Justice Department official who worked with Trump to overturn the 2020 election and whom Trump wanted to appoint as Attorney General.

From the WaPo story:

The House select committee investigating the Jan. 6 attack is planning to ramp up its efforts to force Trump administration officials to cooperate with its inquiry, and on Wednesday it issued a subpoena for a former Justice Department official panel members view as key to the examination of the former president’s efforts to overturn election results.

The committee said it is seeking records and testimony from Jeffrey Clark, a Trump-era Justice Department official who sought to deploy department resources to support President Donald Trump’s false claims of massive voting fraud in the 2020 election.

“The Select Committee needs to understand all the details about efforts inside the previous administration to delay the certification of the 2020 election and amplify misinformation about the election results,” committee Chairman Bennie G. Thompson (D-Miss.) said in a statement. “We need to understand Mr. Clark’s role in these efforts at the Justice Department and learn who was involved across the administration. The Select Committee expects Mr. Clark to cooperate fully with our investigation.” […..]

The committee on Wednesday also took eight hours of closed-door testimony from former acting attorney general Jeffrey Rosen regarding the final days of the Trump administration, according to two people familiar with the meeting who spoke on the condition of anonymity to describe the private testimony, as it also focuses on witnesses willing to voluntarily meet with the panel.

The latest activity comes as tensions over compliance with the investigation are increasing and as the committee’s plans to hold depositions this week are already facing head winds. The focus of those depositions are Stephen K. Bannon and three other Trump administration officials — former chief of staff Mark Meadows, former deputy chief of staff Dan Scavino and Kash Patel, who was serving as chief of staff to then-acting Defense secretary Christopher Miller on Jan. 6.

Pierce writes:

In the plague-spotted orchard of Trumpian malfeasance, which the House of Representatives is trying to defoliate before it poisons everything in the garden, Steve Bannon, the last heir to House Harkonnen, is the low-hanging fruit. There is no reason on god’s despoiled earth why he shouldn’t be made to testify under oath about everything that happened on January 6. He wasn’t working for the president* at the time, so there’s no question of executive privilege. He was a private citizen when he allegedly played a role in orchestrating an insurrection meant to overturn a national election. Steve Bannon is the easy one.

He has until October 14 to turn over everything the special investigative committee’s subpoena demanded. Assuming he ignores the deadline, at 12:01 a.m. on October 15, he should be in cuffs and in the back of a car with two U.S. marshals, on his way to the pokey….

The mills of the gods grind slowly, but they’re Mixmasters compared to watching Congress and the Department of Justice move on this matter. I have been staunchly in the camp of take the time you need. I have believed from the jump that there’s more going on underground at the DOJ than we know about. But even my patience gauge is blinking red. It’s not enough to be doing something. The country needs to see you doing something. It needs to see that to build its confidence that justice is coming. It also needs to see it as a kind of vicarious triumph over all the worst cynicism and corruption that attended the last administration*. A Steve Bannon perp walk would do nicely.

CNN: January 6 panel prepares to immediately pursue criminal charges as Bannon faces subpoena deadline.

Trump ally Steve Bannon’s game of chicken with the House committee investigating the January 6 Capitol Hill riot is on the cusp of entering a new and critical phase Thursday as he faces his last chance to reverse course and comply with the panel’s subpoena before lawmakers likely move to seek criminal charges.

Bannon’s lawyer on Wednesday wrote a letter to the panel saying that his client will not provide testimony or documents until the committee reaches an agreement with former President Donald Trump over executive privilege or a court weighs in on the matter. “That is an issue between the committee and President Trump’s counsel and Mr. Bannon is not required to respond at this time,” attorney Robert Costello wrote.

The letter doubled down on previous instances in which the former White House adviser made clear he has no intention of appearing for a deposition Thursday as ordered by the committee and essentially dared lawmakers to sue or hold him in criminal contempt earlier this month in response to the subpoena.

If Bannon is a no-show, the committee is expected to immediately begin seeking a referral for criminal contempt after the subpoena deadline passes — essentially making an example of Bannon’s noncompliance as the House seeks more witnesses, sources familiar with the planning told CNN.

While it could take some time before the House sends such a referral to the Department of Justice, the committee could take initial steps within hours of the panel’s stated deadline — which is Thursday — if Bannon refuses to cooperate, the sources added, underscoring the growing sense of urgency around the investigation itself.

CNN reported Wednesday that the committee is unified in its plan to seek criminal charges against those who refuse to comply, and lawmakers have specifically honed in on Bannon while discussing the option publicly….

CNN legal analyst Norm Eisen swiftly pushed back on Costello’s letter Wednesday, saying, “It’s just wrong. The letter quotes a case saying ‘the President’ can make executive privilege determinations. But Trump is no longer ‘the President.’ In the United States, we only have one of those at a time, he is Joe Biden, and he has not asserted privilege here.”

CNN: White House formally rejects Trump’s request to protect specific documents from being given to January 6 investigators.

The White House formally rejected the request by former President Donald Trump to assert executive privilege to shield from lawmakers a subset of documents that has been requested by the House committee investigating January 6, and set an aggressive timeline for their release.

The latest letter came after the Biden administration informed the National Archives on Friday that it would not assert executive privilege over a tranche of documents related to January 6 from the Trump White House. When the White House sent its first letter last week, the former President had not formally submitted his objections yet. The latest response from the White House counsel is more of a technicality in response to the request from Trump regarding the subset of documents, according to a person familiar, reaffirming the decision already made by President Joe Biden not to assert executive privilege.

The letter sent Friday, and released on Wednesday, from White House counsel Dana Remus to Archivist of the United States David Ferriero requests that the documents be released “30 days after your notification to the former President, absent any intervening court order.

After that decision was reported, Trump wrote to the National Archives, objecting to the release of certain documents to the committee on the grounds of executive privilege.

In the letter released Wednesday, Remus wrote: “President Biden has considered the former President’s assertion, and I have engaged in additional consultations with the Office of Legal Counsel at the Department of Justice. For the same reasons described in [sic] earlier letter, the President maintains his conclusion that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents provided to the White House on September 8, 2021.”

“Accordingly, President Biden does not uphold the former President’s assertion of privilege.”

How close did Trump come to actually overturning the election? Very close. And it’s not over yet. I’ll end with this Substack post by Jared Yates Sexton: How An Attempted Coup Becomes A Successful Coup. The piece is a response to Trump’s video on Ashli Babbitt’s birthday.

Like all things Trump, the former president’s video was equal parts absurd and disturbing. On what should have been veteran Ashli Babbitt’s thirty-sixth birthday, her family played a taped message from Donald Trump that lauded her as “a truly incredible person” and assured them “her memory will live on in our hearts for all time.”

Of course, Trump was eulogizing a woman who participated in the storming of the United States Capitol on his behalf. That Babbitt and her compatriots were attempting to overthrow the will of the electorate and re-install Trump as president, thus carrying out a violent coup, went unsaid. That Babbitt would have still been alive had Trump and his cronies not organized the even and attempted a violent coup also went unnoted. What was important, what really needed emphasized, was Babbitt’s newly minted role as rallying point and martyr.

With every passing day new and more damning information emerges that underscores the real and present danger of January 6th. There were legal strategies in place, under-the-table dealings, plans to both slaughter lawmakers and utilize terror to retain power. And yet, many in the political and pundit class still consider any concern over those facts hysterical, overblown, or at least look at the events as the culmination and final endpoint of the crisis. Meanwhile, the January 6th Commission has subpoenaed Trump confidants and conspirators Steve Bannon, Mark Meadows, and others, only to be stonewalled at every turn.

What we are watching is something we have seen time and again throughout history. A failed coup that, through continued momentum, sanctification as faith and movement, and the failure by those who should know better to head the threat off before it grows out of their control, is predictably and miserably heading toward completing its purpose of seizing power.

On that note, here’s hoping the January 6 Committee sends out the U.S. Marshalls for Steve Bannon and any other Trumpist who defies their subpoenas! U.S. democracy is in serious jeopardy.

What do you think? As always, this is an open thread.