ANALYSIS
‘This Is the Rule of Law Striking Back’: Legal Experts Cheer DOJ’s Bannon Indictment

Steve Bannon’s Friday afternoon indictment by a grand jury is being heralded by legal experts. The former Trump advisor faces two counts of criminal contempt of Congress for refusing to testify before the Select Committee on the January 6 Attack and for refusing to hand over documents to House investigators.
“Good news for the rule of law, and the institution of Congress,” NYU Law professor Ryan Goodman, a former Defense Dept. Special Counsel tweeted.
This is the first time in nearly four decades anyone has been indicted for criminal contempt of Congress. Bannon faces up to two years in jail should a jury convict him.
“This is the rule of law striking back,” U.S. Rep. Eric Swalwell (D-CA) said on MSNBC in response to the news. “Mark Meadows: Call your office.”
Tristan Snell, who successfully prosecuted the State of New York’s case against Trump University, warns Bannon is a flight risk:
Steve Bannon should NOT be allowed bail. He has clients all over the world and is plainly a flight risk.
— Tristan Snell (@TristanSnell) November 12, 2021
He adds:
“The wheels of justice grind slowly,” the old saying goes.
But the rest of the saying is often forgotten.
“The wheels of justice grind slowly, but grind exceedingly fine.”
Steve Bannon, Mark Meadows, and Trump himself are ultimately going to find out what that means.
— Tristan Snell (@TristanSnell) November 12, 2021
Top national security lawyer Bradley Moss had a three-pronged response to the news.
First, he scolded those who complained Attorney General Merrick Garland and DOJ were not moving fast enough: “What did I say? I said give Garland time. I said stop whining like little children. All of you can get on your knees and apologize now for weeks of incessant juvenile antics.”
Then he also took a swipe at Bannon and other Trump acolytes: “Who else wants to go to jail for Donald Trump?”
And finally, he mocked Bannon’s infamous wardrobe, asking if the Federal Bureau of Prisons will issue “five layered clothing.”
Does @OfficialFBOP issue five layered clothing?
— Bradley P. Moss (@BradMossEsq) November 12, 2021
Vox senior correspondent Ian Millhiser, author of books on the Supreme Court:
My unpopular take is that sometimes it takes prosecutors at the Department of Justice some time to pull together an indictment of someone who should be charged with a crime, and that's okay.
— Ian Millhiser (@imillhiser) November 12, 2021
LA Times Legal Affairs Columnist Harry Litman, a former U.S. Attorney:
We are likely to find out that over the last few weeks, Bannon was given a chance to comply and arrogantly turned it down. Now it's too late.
— Harry Litman (@harrylitman) November 12, 2021
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