Ensure Bannon pays for dodging subpoena

Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.

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Justice is coming for Steve Bannon, both figuratively and literally. The U.S. Justice Department, patient far too long, has recommended that Bannon, a former key adviser to then-President Donald Trump, get six months in jail and a $200,000 fine for defying a subpoena to testify before the committee investigating the Jan. 6 insurrection.

That would make Bannon the first person jailed for contempt of Congress in more than 50 years. His refusal to cooperate with the investigation and to yield vital financial records deserves nothing less. The $200,000 fine is the maximum allowed by law, which is also justified.

U.S. prosecutors J.P. Cooney and Amanda R. Vaughn wrote in their filing that "The rioters who overran the Capitol on January 6 did not just attack a building — they assaulted the rule of law upon which this country was built and through which it endures. By flouting the Select Committee's subpoena and its authority, [Bannon] exacerbated that assault. Such behavior cannot be tolerated, lest it become commonplace and accepted, and the important work of congressional committees like the Select Committee rendered impossible."

We are closer to that time than perhaps was thought possible at any point in modern history. This is no longer a young country, fresh in its revolution, unsettled in its outlook. This is now a mature nation with well-established laws that have served it well. Bannon and his ilk have displayed little but contempt for those laws, flouting them at every turn. They appear to want a second revolution that would upend a duly elected government chosen by the people. We have a name for that. It's called a coup, and those who lead it are traitors.

At its final hearing earlier this month, the House select committee cited evidence that Bannon knew before Jan. 6 that Trump intended to falsely claim victory on election night and also had advance knowledge of the then-president's plans for Jan. 6. Just days before the election, Bannon was said to have told others that "What Trump's gonna do, is he's going to declare victory ... That doesn't mean he's the winner. He's just going to say he's the winner." On Jan. 5, Bannon said during his radio show, excerpts of which were played for the committee, "All hell is going to break loose tomorrow."

Earlier, lawmakers on the committee — all seven Democrats and both Republicans — voted unanimously to hold Bannon in criminal contempt for his refusal to appear. The move was necessary to show that a congressional subpoena cannot be ignored.

It also gives notice to Trump, who also has been ordered to appear before the committee, to take heed. When the committee issued that subpoena, many speculated publicly that Trump would refuse. But a subpoena is not an invitation or a mere request. It is an order to appear and give testimony or provide evidence.

The Justice Department's court filing states that Bannon evaded the committee's subpoena and failed to fully comply with a presentencing investigation. The filing accuses him of a "bad faith strategy of defiance and contempt." Defiance and contempt, of course, are Bannon's usual modes of operation. But this filing appears to at last have gotten the attention of his lawyers, who, seeking one last dodge, have asked for probation and a stay of sentence pending an appeal.

Both requests should be denied. Bannon gambled that he could outrun justice and lost.

For his part, Trump responded to his subpoena with a 14-page hissy fit that regurgitated his long list of grievances — starting with his favorite: "The presidential election of 2020 was rigged and stolen." Once again, not a scintilla of proof was provided. This one lie, repeated ad nauseam and echoed by acolytes throughout the Republican Party, has served its intended purpose — to erode public confidence in the election process.

Now Trump is indicating privately that he wants to testify live to appear unfiltered. For what? So he can hold forth on topics of his choosing as if he were at one of his rallies? Congress cannot allow Trump to hijack the committee's proceedings. He is a private citizen now, whose secret cache of U.S. government documents is under FBI investigation. He is not in a position to dictate terms. If Trump appears, he will be there under oath to answer specific questions, subject to the same conditions as others who have testified. Should he refuse to appear, he should be subject to consequences similar to those facing Bannon.

Regrettably, all this is unfolding as midterm elections loom. A change of control in the House could bring all this work, so valuable to repairing our democracy, to a standstill. That creates some urgency and raises the stakes. But there is never a wrong time to do what's right.