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The Guardian - US
The Guardian - US
World
Dani Anguiano (now) and Joan E Greve (earlier)

Steve Bannon indicted for refusing to comply with Capitol attack subpoena - as it happened

Steve Bannon, former senior adviser to Donald Trump, has been indicted by a federal grand jury.
Steve Bannon, former senior adviser to Donald Trump, has been indicted by a federal grand jury. Photograph: Andrew Kelly/Reuters

Summary

  • Liz Cheney and Bennie Thompson, the chairs of the congressional committee investigating the 6 January attack, have said the indictment of Steve Bannon shows “no one is above the law”. The committee also criticized former Trump chief of staff Mark Meadows for refusing to cooperate with its investigation. “Mr Meadows, Mr Bannon, and others who go down this path won’t prevail in stopping the select committee’s effort getting answers for the American people about 6 January.”
  • A federal grand jury has indicted Steve Bannon on two counts of contempt of Congress, after the former adviser to Donald Trump refused to comply with a subpoena issued by the House select committee investigating the Capitol insurrection. The indictment sends a clear message to Trump allies that they could face criminal consequences for ignoring the committee’s demands.
  • The committee warned it may also hold Mark Meadows in criminal contempt for refusing to appear for a scheduled deposition this morning. Meadows, Trump’s former chief of staff, has cited the former president’s questionable claims of executive privilege to justify his lack of cooperation with the committee. The leaders of the committee said, “Mr Meadows’s actions today – choosing to defy the law – will force the select committee to consider pursuing contempt or other proceedings to enforce the subpoena.”
  • Joe Biden will name an “infrastructure coordinator” to oversee the implementation of the $1.2tn infrastructure bill, the White House press secretary said. Jen Psaki did not name the coordinator, but she noted it will be “someone from outside the administration”. Biden is scheduled to sign the infrastructure bill on Monday.
  • Biden announced he will nominate Robert Califf to serve as the next commissioner of the Food and Drug Administration. But Democratic Senator Joe Manchin has already said he will oppose the nomination of Califf, who led the FDA during the final months of Barack Obama’s presidency. In order to get Califf confirmed, the White House will need to convince at least one Republican to support his nomination.

– Joan E Greve and Dani Anguiano

Updated

Americans are continuing to quit their jobs in record numbers, the Associated Press reports. The news comes after last week’s jobs report showed employers added 531,000 jobs in October and the unemployment rate fell to 4.6%, from 4.8%. Most people quit their jobs for a new position and it is typically a signal of worker confidence when employees leave their jobs, according to the AP.

Americans quit their jobs at a record pace for the second straight month in September, in many cases for more money elsewhere as companies bump up pay to fill job openings that are close to an all-time high.

The Labor Department said Friday that 4.4 million people quit their jobs in September, or about 3% of the nation’s workforce. That’s up from 4.3 million in August and far above the pre-pandemic level of 3.6 million. There were 10.4 million job openings, down from 10.6 million in August, which was revised higher.

The figures point to a historic level of turmoil in the job market as newly-empowered workers quit jobs, often for higher pay or better working conditions. Incomes are rising, Americans are spending more and the economy is growing, and employers have ramped up hiring to keep pace. Rising inflation, however, is offsetting much of the pay gains for workers.

Updated

The House committee investigating the Capitol insurrection has criticised Mark Meadows, the former chief of staff to Donald Trump, for refusing to cooperate with its investigation.

“Mr Meadows has failed to answer even the most basic questions, including whether he was using a private cellphone to communicate on 6 January, and where his text messages from that day are,” the committee said Friday.

The House select committee warned earlier today, just after the indictment of Steve Bannon was announced, it may also move to hold Meadows in contempt for defying its subpoena. Meadows was scheduled to testify before the committee Friday morning, but refused to show.

“And while we’re determined to get all the information we’re seeking, Mr Meadows, Mr Bannon, and others who go down this path won’t prevail in stopping the select committee’s effort getting answers for the American people about 6 January.”

Cop26 reveals limits of Biden’s promise to ‘lead by example’ on climate crisis

The crucial UN climate talks in Scotland have produced landmark commitments to phase out coalmining, to call time on the internal combustion engines and to compensate poorer countries for damage caused by the climate crisis.

The United States, which has trumpeted its regained climate leadership at the summit, has not joined any these pledges as the talks draw to a close.

This disconnect has provided the world with a muddled sense of America’s willingness to confront the unfolding climate catastrophe, with the fate of historic legislation to lower planet-heating emissions still uncertain ahead of an expected vote in Congress next week.

Joe Biden arrived in Glasgow vowing the US will “lead by example” on climate change and avoid disastrous global heating beyond 1.5C, dispatching his entire cabinet to the Cop26 talks and making widely praised new promises to cut methane, a potent greenhouse gas, and to end deforestation.

But the US is bedeviled by its recent past and – many delegates of other countries fear – its potential future, following Donald Trump’s embrace of climate science denialism and American isolationism.

Read more:

Liz Cheney and Bennie Thompson, the chairs of the congressional committee investigating the 6 January attack, have said the indictment of Steve Bannon shows “no one is above the law”. The former Trump adviser had refused to comply with subpoenas from the committee.

“Steve Bannon’s indictment should send a clear message to anyone who thinks they can ignore the select committee or try to stonewall our investigation: no one is above the law. We will not hesitate to use the tools at our disposal to get the information we need,” Cheney and Thompson said in a statement.

Britney Spears’s conservatorship terminated after almost 14 years

In non-Washington news, Britney Spears has regained her independence after a judge approved the termination of the conservatorship that denied the pop star any right to make key decisions about her life.

More from my colleague Sam Levin:

A judge has approved the termination of Britney Spears’s conservatorship, freeing the pop star from the controversial legal arrangement that has controlled her life for nearly 14 years.

The ruling marks an extraordinary victory for the singer who had fought for years to regain her independence from the courts, which in 2008 took away her rights to make basic decisions about her finances, career and personal life.

Friday’s decision to dissolve the conservatorship, a form of court-appointed guardianship, means that Spears will retake control of her estate and will no longer be required to pay a team of professionals and attorneys to oversee her affairs.

“The conservatorship of the person and of the estate of Britney Jean Spears is hereby terminated,” said the Los Angeles judge Brenda Penny, announcing the ruling.

Updated

Hi everyone. I’m Dani Anguiano and I’ll be taking over our live US politics coverage for the rest of the afternoon.

Former Trump adviser Steve Bannon is expected to turn himself in on Monday after being indicted on two counts of contempt of Congress. Bannon had failed to appear before a congressional committee investigating the 6 January attack on the Capitol.

His case has been assigned to Judge Carl Nichols, Politico reported, a Trump appointee who clerked for supreme court justice Clarence Thomas.

Updated

Today so far

That’s it from me today. My west coast colleague, Dani Anguiano, will take over the blog for the next few hours.

Here’s where the day stands so far:

  • A federal grand jury has indicted Steve Bannon on two counts of contempt of Congress, after the former adviser to Donald Trump refused to comply with a subpoena issued by the House select committee investigating the Capitol insurrection. The indictment sends a clear message to Trump allies that they could face criminal consequences for ignoring the committee’s demands.
  • The committee warned it may also hold Mark Meadows in criminal contempt for refusing to appear for a scheduled deposition this morning. Meadows, Trump’s former chief of staff, has cited the former president’s questionable claims of executive privilege to justify his lack of cooperation with the committee. The leaders of the committee said, “Mr Meadows’s actions today – choosing to defy the law – will force the select committee to consider pursuing contempt or other proceedings to enforce the subpoena.”
  • Joe Biden will name an “infrastructure coordinator” to oversee the implementation of the $1.2tn infrastructure bill, the White House press secretary said. Jen Psaki did not name the coordinator, but she noted it will be “someone from outside the administration”. Biden is scheduled to sign the infrastructure bill on Monday.
  • Biden announced he will nominate Robert Califf to serve as the next commissioner of the Food and Drug Administration. But Democratic Senator Joe Manchin has already said he will oppose the nomination of Califf, who led the FDA during the final months of Barack Obama’s presidency. In order to get Califf confirmed, the White House will need to convince at least one Republican to support his nomination.

Dani will have more coming up, so stay tuned.

Updated

Mark Meadows’ attorney has argued that it would be inappropriate to testify before the select committee until the courts reach a final decision on Donald Trump’s claims of executive privilege over materials related to the Capitol insurrection.

But in their new statement, the Democratic chair of the select committee, Bennie Thompson, and the Republican vice-chair, Liz Cheney, dismissed the validity of those claims.

“[T]he record will reveal the wide range of matters the Select Committee wished to discuss with Mr. Meadows until his decision to hide behind the former President’s spurious claims of privilege,” the lawmakers said. “Many of those matters are not even conceivably subject to any privilege claim, even if there were one.”

According to Thompson and Cheney, Meadows has refused to answer “even the most basic questions, including whether he was using a private cell phone to communicate on January 6th, and where his text messages from that day are”.

They concluded, “And while we’re determined to get all the information we’re seeking, Mr Meadows, [Steve] Bannon, and others who go down this path won’t prevail in stopping the Select Committee’s effort getting answers for the American people about January 6th, making legislative recommendations to help protect our democracy, and helping ensure nothing like that day ever happens again.”

Updated

Capitol attack committee threatens to hold Meadows in contempt for defying subpoena

Moments after the indictment of Steve Bannon was announced, the House select committee investigating the Capitol insurrection warned it may also move to hold Mark Meadows in contempt for defying its subpoena.

Meadows, the former chief of staff to Donald Trump, was scheduled to testify before the committee this morning, but he refused to show.

The Democratic chair of the select committee, Bennie Thompson, and the Republican vice-chair, Liz Cheney, said Meadows’ refusal to appear may result in a contempt resolution.

“Mr Meadows’s actions today – choosing to defy the law – will force the select committee to consider pursuing contempt or other proceedings to enforce the subpoena,” Thompson and Cheney said.

“It’s unfortunate that Mr Meadows has chosen to join a very small group of witnesses who believe they are above the law and are defying a select committee subpoena outright.”

Updated

Bannon indictment sends 'chilling message' to other witnesses, Kinzinger says

Adam Kinzinger, one of two Republicans serving on the House select committee investigating the Capitol insurrection, said the indictment of Steve Bannon was “great news”.

Speaking to CNN moments ago, the Illinois lawmaker argued that the indictment sent a “chilling message” to other witnesses who may consider following Bannon’s example by defying committee subpoenas.

“You cannot ignore Congress,” Kinzinger said. “You’re not going to be able to avoid it.”

Mark Meadows, the former chief of staff to Donald Trump, was scheduled to testify before the Capitol attack select committee this morning, but he refused to appear.

Meadows’ attorney has argued that it would be inappropriate to testify until the courts deliver a final ruling on Trump’s claims of executive privilege over materials linked to the Capitol insurrection.

However, the White House and the Democratic chair of the select committee, Bennie Thompson, have argued that Trump’s executive privilege claims do not withstand legal scrutiny.

The select committee has not yet indicated whether members plan to recommend contempt charges against Meadows, as they did with Steve Bannon.

The news of Steve Bannon’s indictment comes on the same day that Mark Meadows, the former chief of staff to Donald Trump, refused to appear for a scheduled deposition before the select committee investigating the Capitol insurrection.

Bannon’s indictment sends a clear signal to Meadows and other Trump allies that they could face criminal consequences for defying subpoenas from the committee.

Attorney general Merrick Garland said the indictment of Steve Bannon demonstrated the justice department’s commitment to “equal justice under the law”.

“Since my first day in office, I have promised Justice Department employees that together we would show the American people by word and deed that the department adheres to the rule of law, follows the facts and the law and pursues equal justice under the law,” Garland said in a statement.

“Today’s charges reflect the department’s steadfast commitment to these principles.”

Bannon indicted for refusing to comply with Capitol attack committee subpoena

Steve Bannon, a former senior adviser to Donald Trump, has now been indicted for refusing to comply with a subpoena issued by the House select committee investigating the Capitol insurrection.

According to a statement from the justice department, Bannon has been indicted by a federal grand jury on two counts of contempt of Congress.

“Bannon, 67, is charged with one contempt count involving his refusal to appear for a deposition and another involving his refusal to produce documents,” the statement says.

“An arraignment date has not yet been set in the US district court for the District of Columbia.”

The blog will have more details coming up, so stay tuned.

Updated

Joe Biden argued that the passage of the bipartisan infrastructure bill demonstrated how a democracy can still benefits its citizens.

“The American people sent us here to deliver,” the president said at the start of his cabinet meeting today.

“The American people sent us here to make the government work. And they sent us here to make a difference in their lives. And I believe we’re doing that.”

Biden pledged all the $1.2tn in funds from the bill will be used “efficiently and effectively,” and he indicated he will name a coordinator to oversee implementation of the proposal sometime next week.

Kamala Harris, the US vice-president, has thrown her support behind a plan to stage risky and unprecedented parliamentary and presidential elections in Libya next month, even though human rights groups have warned the conditions for fair elections may not exist.

Harris attended a conference in Paris on the future of Libya attended by more than 30 countries and hosted by the French president, Emmanuel Macron; the German chancellor, Angela Merkel; and the Italian prime minister, Mario Draghi.

Human Rights Watch said elections were a much-needed chance for a reset in the country but warned “free and fair elections will hardly be possible without rule of law, justice, and accountability that are currently sorely lacking”.

The US – and the bulk of the international community at the Paris summit – took the view that Libya was more likely to slide into chaos if the elections were not held, starting on 24 December.

Biden holds cabinet meeting to discuss infrastructure bill

Joe Biden is now holding a meeting with his cabinet to discuss the implementation of the bipartisan infrastructure bill, which he will sign on Monday.

Kamala Harris joined the meeting by telephone, as the vice-president has been in Paris this week to meet with French President Emmanuel Macron and mark Veterans Day there.

Joe Biden holds a Cabinet meeting.
Joe Biden holds a Cabinet meeting. Photograph: Kevin Lamarque/Reuters

At the start of the meeting, Biden emphasized that the passage of the infrastructure bill represented a moment of “immense hope and possibilities” for America.

“It’s hard, but we can still come together to get something big done for the American people,” Biden said.

As she concluded the White House press briefing, a reporter shouted a question at Jen Psaki about Green Bay Packers quarterback Aaron Rodgers and his false claims about coronavirus vaccines.

“You know how we feel about misinformation. We’re against it,” the press secretary told reporters.

Rodgers tested positive for coronavirus last week and then revealed that he had not gotten vaccinated, partly due to concerns about potential fertility issues with the treatments.

However, health experts have said the vaccines are safe for couples trying to have children.

Jen Psaki would not provide details on who Joe Biden will name as the “infrastructure coordinator” to oversee implementation of the bipartisan infrastructure bill, which he will sign on Monday.

The White House press secretary would only say that the coordinator will be “someone from outside the administration”.

Biden similarly named Gene Sperling, a former Obama administration official, to oversee the implementation of the coronavirus relief package earlier this year.

Biden will name 'infrastructure coordinator' to oversee implementation of bill, Psaki says

White House press secretary Jen Psaki said Joe Biden will name an “infrastructure coordinator” to oversee the implementation of the $1.2tn infrastructure bill.

The House passed the bill last week, sending the legislation to the president’s desk. The White House has said Biden will sign the bill on Monday, and he will be joined by a bipartisan group of lawmakers who helped craft the proposal.

Asked how many Republicans will attend the bill-signing ceremony on Monday, Psaki said, “We will see. We’ve invited a broad group of Republicans -- some in Congress, governors, mayors, individuals who played a role in helping move the infrastructure bill forward.”

The press secretary added that the White House will provide a list of expected ceremony attendees on Monday.

Jen Psaki announced that Joe Biden will pardon a turkey next Friday, continuing a decades-old White House tradition for the Thanksgiving holiday.

The press secretary noted that two turkey lives will actually be spared thanks to the tradition, as there is always an alternate turkey in Washington for the pardoning.

This year, the two birds will be coming from a farm in Indiana, Psaki told reporters.

Last year, Donald Trump presided over an awkward turkey pardoning ceremony, which came weeks after Biden was declared the winner of the presidential election:

The White House press secretary, Jen Psaki, is now holding her daily briefing, marking her return to the briefing room after testing positive for coronavirus.

Psaki noted that she was originally scheduled to join Joe Biden for his trip to Europe a couple weeks ago, during which the president met with Pope Francis, attended the G20 summit and participated in the Cop26 climate change conference.

She obviously did not do so after she tested positive for coronavirus. Prior to testing positive, Psaki had last seen Biden five days earlier, and they wore masks at the time.

Psaki told reporters that she experienced “mild symptoms,” including fatigue, and she said she is “incredibly grateful” for coronavirus vaccines, which helped protect her against severe illness and potential hospitalization.

Updated

Murkowski confirms she will seek re-election

Republican Lisa Murkowski confirmed today that she will seek another term representing Alaska in the US Senate.

Murkowski made the announcement in a campaign video, saying she will “work with anyone, from either party, to advance Alaska’s priorities”.

“I’m running for reelection to continue the important work of growing our economy, strengthening our Alaska-based military and protecting our people and the natural beauty of our state,” Murkowski said.

Murkowski is one of seven Senate Republicans who voted to convict Donald Trump for inciting the Capitol insurrection, and she is only member of that group who is seeking reelection next year.

Trump has already endorsed Murkowski’s primary challenger, former Alaska commissioner of administration Kelly Tshibaka, and he has pledged to campaign against the incumbent.

But Murkowski does have the support of Senate minority leader Mitch McConnell and the National Republican Senatorial Committee, per Politico, setting up a potentially close race next year.

Updated

The newly announced virtual summit on Monday evening between Joe Biden and Xi Jinping comes one day after the Chinese president warned against a return to cold war-era tensions in the Asia-Pacific.

“Attempts to draw ideological lines or form small circles on geopolitical grounds are bound to fail,” he told a virtual business conference on the sidelines of the Asia-Pacific Economic Cooperation summit.

“The Asia-Pacific region cannot and should not relapse into the confrontation and division of the cold war era.”

Xi’s remarks seem to refer to recent US efforts with allies and partners to dampen what Washington sees as China’s growing economic and military influence in the region.

Updated

Biden to hold virtual summit with Xi

Joe Biden will hold a virtual summit with China’s president, Xi Jinping, on Monday evening, amid rising tensions since the US president took office earlier this year.

“The two leaders will discuss ways to responsibly manage the competition between the United States and the PRC [People’s Republic of China], as well as ways to work together where our interests align,” White House press secretary Jen Psaki said in a statement on Friday. “Throughout, President Biden will make clear US intentions and priorities and be clear and candid about our concerns.”

At the recent Cop26 climate talks in Glasgow, Biden criticized Xi for failing to show up. Tensions between Washington and Beijing have also been exacerbated by the Chinese military’s recent sorties near Taiwan, the democratically-governed island claimed by Beijing.

US secretary of state Antony Blinken said this week that the US would ensure Taiwan can defend itself to avoid anyone “trying to disrupt the status quo by force”.

Updated

Today so far

Here’s where the day stands so far:

  • Mark Meadows, former chief of staff to Donald Trump, did not appear for his scheduled deposition before the House select committee investigating the Capitol insurrection. Meadows’ attorney has said he will not testify until the courts determine the validity of Trump’s claims of executive privilege over documents linked to the Capitol attack. But the select committee and the White House have said Trump’s claims do not withstand legal scrutiny.
  • It remains unclear whether the select committee will move forward with holding Meadows in criminal contempt. The House has already referred one of Trump’s former advisers, Steve Bannon, to the justice department for refusing to comply with a subpoena issued by the select committee. The justice department has not yet said whether it plans to prosecute Bannon.
  • Joe Biden announced he will nominate Robert Califf to serve as the next commissioner of the Food and Drug Administration. But Democratic Senator Joe Manchin has already said he will oppose the nomination of Califf, who led the FDA during the final months of Barack Obama’s presidency. In order to get Califf confirmed, the White House will need to convince at least one Republican to support his nomination.

The blog will have more coming up, so stay tuned.

Biden formally announces plans to nominate Califf as FDA commissioner

Joe Biden has just officially announced he plans to nominate Robert Califf as the next commissioner of the Food and Drug Administration.

“Dr. Robert Califf is one of the most experienced clinical trialists in the country, and has the experience and expertise to lead the Food and Drug Administration during a critical time in our nation’s fight to put an end to the coronavirus pandemic,” Biden said in a new statement.

“Dr. Califf had strong bipartisan support in the Senate in 2016, and I urge the Senate to swiftly confirm Dr. Califf so he can continue the important work being done at this critical moment.”

But Califf’s confirmation is somewhat in doubt now that Democratic Senator Joe Manchin has indicated he will not support the nomination.

Given the 50-50 split in the Senate, Califf’s nomination will need to attract some Republican support in order to get approved.

Manchin opposes Biden's reported pick for FDA commissioner

Senator Joe Manchin has said he will oppose Robert Califf’s nomination if Joe Biden selects him to lead the Food and Drug Administration.

Manchin argued that Califf’s inadequate response to the opioid epidemic made his nomination “an insult to the many families and individuals who have had their lives changed forever as a result of addiction”.

The West Virginia senator noted he previously opposed Califf’s nomination when Barack Obama chose him to lead the FDA for the final months of his presidency. (Califf was ultimately confirmed in a vote of 89 to four.)

“I could not support Dr. Califf’s nomination in 2016 and I cannot support it now,” Manchin said.

“I urge the Administration to nominate an FDA Commissioner that understands the gravity of the prescription drug epidemic and the role of the FDA in fighting back against the greed of the pharmaceutical industry.”

Given the 50-50 divide in the Senate, Biden will need to convince at least one Republican to support Califf’s nomination in order to get him confirmed.

Donald Trump defended rioters at the Capitol on 6 January who threatened to “hang Mike Pence”, his vice-president, according to recorded remarks released on Friday.

Trump said it was “common sense” when asked about the chants.

Trump was speaking to the ABC chief Washington correspondent, Jonathan Karl, for his book Betrayal: The Final Act of the Trump Show, which will be published on Tuesday. The recording was released by Axios.

Karl asked Trump if he was worried about Pence during the attack on the Capitol by rioters who aimed to stop the certification of electoral college results and thereby overturn Trump’s defeat by Joe Biden.

“No,” Trump said. “I thought he was well-protected, and I had heard that he was in good shape. No. Because I had heard he was in very good shape. But, but, no, I think – ”

Karl interjected: “Because you heard those chants – that was terrible. I mean – ”

Trump said: “He could have – well, the people were very angry.”

Karl said: “They were saying ‘hang Mike Pence’.”

“Because it’s common sense, Jon,” Trump said, repeating baseless claims about election fraud.

The Democratic chair of the select committee, Bennie Thompson, has previously made clear that he is open to holding Mark Meadows in criminal contempt for defying the panel’s subpoena.

In his letter yesterday to Meadows’ attorney, Thompson argued there is “no valid legal basis for Mr Meadows’s continued resistance to the Select Committee’s subpoena”.

“The Select Committee will view Mr. Meadows’s failure to appear at the deposition, and to produce responsive documents or a privilege log indicating the specific basis for withholding any documents you believe are protected by privilege, as willful non-compliance,” Thompson wrote.

“Such willful noncompliance with the subpoena would force the Select Committee to consider invoking the contempt of Congress procedures in 2 U.S.C. §§ 192, 194—which could result in a referral from the House of Representatives to the Department of Justice for criminal charges—as well as the possibility of having a civil action to enforce the subpoena brought against Mr Meadows in his personal capacity.”

Updated

The House select committee will now have to decide whether to pursue criminal contempt charges against Mark Meadows, the former chief of staff to Donald Trump.

If the committee votes to recommend holding Meadows in criminal contempt, the full House will vote on the matter.

If the House approves the contempt measure, which is likely given that Democrats control the chamber, the justice department would then have to decide whether to prosecute Meadows.

The House voted last month to refer Steve Bannon to the justice department for refusing to comply with the committee’s subpoena, but the department has not yet said whether it will prosecute the former Trump adviser.

Meadows refuses to appear for deposition before Capitol attack committee

Mark Meadows, the former chief of staff to Donald Trump, did not appear for his scheduled deposition before the House select committee investigating the Capitol insurrection.

Meadows had been expected to start testifying at 10 am ET, but that time came and went without any appearance of the former administration official.

Select committee aides were seen leaving the conference room where Meadows was supposed to testify after it became clear he would not show up.

Asked whether the committee would immediately move to bring criminal contempt charges against Meadows, one of the committee counselors declined to comment.

In case you missed it yesterday: The federal appeals court in Washington DC granted Donald Trump’s request to temporarily block the National Archives from releasing records to the bipartisan House select committee analysing the Capitol insurrection and the conduct of Trump and senior aides in his administration in relation to it.

He had asked the appeals court on Thursday morning for a temporary injunction that followed US district judge Tanya Chutkan’s ruling earlier that Trump could not claim executive privilege over the White House documents subpoenaed by the committee.

As is customary, the DC circuit court randomly assigns three judges to a panel to consider the appeal.

It was announced that the three judges who will hear Trump’s appeal following the granting of the temporary stay will be Patricia Millett, Robert Wilkins and Ketanji Brown Jackson. All three were nominated by Democrats.

The court has set a hearing for 30 November to hear oral arguments in the case, granting a request for an expedited schedule.

The latest statement from Mark Meadows’ attorney, George Terwilliger, seems to indicate the former White House chief of staff will not be appearing for his scheduled deposition before the select committee this morning.

Terwilliger once again argued that the clash between Meadows and the committee investigating the Capitol insurrection represented a “sharp legal dispute”.

“Legal disputes are appropriately resolved by courts,” Terwilliger said. “It would be irresponsible for Mr Meadows to prematurely resolve that dispute by voluntarily waiving privileges that are at the heart of those legal issues.”

But the chair of the select committee, Bennie Thompson, and White House lawyers have said there is no legal basis for Meadows to ignore the panel’s subpoena.

In his latest letter to Terwilliger, Thompson said Donald Trump’s sweeping claims of executive privilege over the materials sought by the committee do not withstand legal scrutiny.

“[A]s you know and, as explained in my letter dated October 25, categorical claims of executive privilege run afoul of caselaw requiring that any claim of executive privilege be asserted narrowly and specifically,” Thompson said.

“Simply put, there is no valid legal basis for Mr. Meadows’s continued resistance to the Select Committee’s subpoena.”

The move to threaten criminal prosecution for Mark Meadows amounts to an abrupt and sharp escalation for the select committee as it seeks to enforce its subpoena against one of Donald Trump’s closest aides first issued in September.

But despite the threat of criminal prosecution, Meadows was not expected to attend his deposition, scheduled to take place with select committee counsel in a nondescript House office building on Capitol Hill, according to a source familiar with the matter.

The select committee is targeting Meadows since his role as Trump’s former White House chief of staff means he is likely to hold the key to uncover Trump’s involvement in efforts on 5 January to stop the congressional certification of Joe Biden’s election victory.

The select committee also believes that Meadows remained by Trump’s side for most of 6 January, and was therefore in a unique position to know what the former president was privately thinking and doing at the White House as the deadly attack on the Capitol unfolded.

One of Donald Trump’s former advisers, Steve Bannon, is already facing potential contempt charges over his refusal to comply with a subpoena from the House select committee investigating the Capitol insurrection.

Bannon has used his popular podcast to continue spreading lies about widespread fraud in the 2020 election. The day before the insurrection, he told listeners, “All hell is going to break loose tomorrow.”

When Bannon refused to comply with the committee’s subpoena, the House voted last month to refer him to the justice department for potential contempt charges.

Now the justice department has to decide whether to prosecute Bannon over the matter. The department has not yet announced any decision in the case.

Meadows to testify or face potential contempt charge from Capitol attack committee

Greetings from Washington, live blog readers.

Mark Meadows, the former chief of staff to Donald Trump, is scheduled to testify today before the House select committee investigating the Capitol insurrection.

But Meadows’ attorney, George Terwilliger, has indicated to the committee that the former administration official feels “duty bound” to disregard the panel’s subpoena because of Trump’s claims of executive privilege over the information sought by investigators.

In a letter to Terwilliger yesterday, the chair of the select committee, Bennie Thompson, warned that Meadows could face criminal contempt charges if he does not appear for his deposition.

“Simply put, there is no valid legal basis for Mr. Meadows’s continued resistance to the Select Committee’s subpoena,” the Democratic chair said.

“The select committee will view Mr Meadows’s failure to appear at the deposition, and to produce responsive documents or a privilege log indicating the specific basis for withholding any documents you believe are protected by privilege, as willful non-compliance.”

So will Meadows show up to testify, or will he join Trump adviser Steve Bannon in facing potential contempt charges? Time will tell.

The blog will have more coming up, so stay tuned.

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