House Republican leadership can use a little-known congressional mechanism to render the contempt of Congress charges against former Trump advisors Stephen K. Bannon and Peter Navarro moot. Speaker Mike Jonnson (R-LA) can use the Bipartisan Legal Advisory Group (BLAG) to file an amicus brief with the U.S. Court of Appeals for the D.C. Circuit declaring that the Democrat-run January 6 Committee was improperly constituted and thus had no subpoena authority.
This argument was first advanced by Bannon’s lawyer, David Schoen, and expanded on by Florida Congressman Matt Gaetz in an appearance on Tim Pool this week.
“I believe the only way Steve Bannon does not go to jail is if there is a vote at an entity called the BLAG—the Bipartisan Legal Advisory Group,” Gaetz said, adding: “It is made up of the Speaker of the House, the Majority Leader, the Majority Whip, the Minority Leader, and the Minority Whip. So the Republicans hold a three-two in this.”
“Bannon is going to petition for an en banc review of this determination to revoke his bail. When he does, I believe the BLAG should—and will—take a three to two vote for the House to seek to leave to file an amicus brief with the en banc court that the January 6 Committee was illegitimate,” the Flordia Republican added.
IMPROPERLY CONSTITUTED.
The BLAG is a non-legislative committee within Congress that directs the actions of the House Office of General Counsel.
House Republican leadership can use the BLAG to direct the General Counsel to file a brief with the appeals court stating that the House believes the January 6 Committee was improperly constituted by then-Speaker Nancy Pelosi (D-CA).
Former U.S. Assistant Attorney General Jeffrey Clark, among others, contends the January 6 Committee was constituted in violation of Section 2(a) of its authorizing resolution. The provision in question states: “Appointment of Members—The Speaker shall appoint 13 Members to the Select Committee, 5 of whom shall be appointed after consultation with the minority leader.” However, Pelosi rejected the slate of committee members proposed by then-House Minority Leader Kevin McCarthy (R-CA), with the committee ultimately only being comprised of nine members instead of the 13 required in its authorizing resolution.
An amicus brief laying out this argument from the House Office of General Counsel would be difficult for the federal appeals judges to ignore. Still, the move isn’t guaranteed to work—as the appeals court can ignore or disagree with the House counsel’s determination.
WATCH:
I believe the only way Steve Bannon does not go to jail is if there is a vote taken by the Bipartisan Legal Advisory Group (BLAG) — to tell the court that it is the official view of the House of Representatives that the J6 committee was illegitimate!
Nobody should be sitting in… pic.twitter.com/6qLt9HzL3f
— Rep. Matt Gaetz (@RepMattGaetz) June 13, 2024
Image by Gage Skidmore