Thread by @MuellerSheWrote

THREAD: allow me to play devil’s attorney for a moment even though I am definitely not an attorney nor am I probably not the devil. Let’s say I’m Bannon’s lawyer (barf sound), and let’s say the house began the process to refer my client for criminal contempt today. 1/

And let’s say for argument’s sake, somehow the house were magically able to draft a resolution to refer for criminal contempt, take a full vote to pass it, and draft and submit the prosecution referral to the DoJ today. 2/

Then let’s say the DoJ agrees and is able to get it in front of a grand jury and indict Bannon for criminal contempt tomorrow. I would then draft a motion to dismiss the case based on the fact that - at the time of the referral - Bannon had not yet violated the subpoena. 3/

You’ll notice that the Bannon subpoena demands records by October 7 AND testimony October 14. These are not two separate subpoenas. Therefore, DoJ would have indicted Bannon prior to the completion of a criminal act. 4/

Now imagine my motion is denied. The courts would then set a dangerous precedent: that the government has the power to charge people before they commit a crime. How do you think that would work out for us if a bad guy were in charge? 5/

As I said in a previous tweet, defendants have rights. Stomping on those rights in the name of saving democracy flies in the face of democracy itself. So let’s give the house a minute to execute the referrals properly. Otherwise we risk losing the case, and the rule of law. END

PS: since I’m most definitely not a lawyer, please tell me if I’m wrong. I’m merely speculating. I’d be happy to issue a correction.

PPS: If violating one part of the subpoena means violating the entire subpoena, would you be willing to take the risk in lieu of waiting two days? Given Mitch's takeover of the federal bench, I would not. I'd wait a couple of days.

PPPS: if I were a judge, I’d make them go back and do it right because I wouldn’t want to risk my ruling being overturned on a technicality by this particular conservative SCOTUS

And just as I said, the 1/6 committee will proceed with a criminal contempt referral for Bannon beginning Tuesday.