The House voted 229-202 on Thursday to hold Steve Bannon in contempt of Congress after refusing to comply with a subpoena to testify before the select committee probing the January 6 Capitol attack.
Nine Republicans joined all 220 Democrats in the lower chamber to pass the measure, which was brought to the floor after the 1/6 commission and House Rules Committee voted earlier this week to bring the matter to the full body.
Along with GOP panel members Liz Cheney and Adam Kinzinger, the seven other Republicans who voted for the measure are Brian Fitzpatrick of Pennsylvania; Anthony Fonzalez of Ohio; Herrera Beutler of Washington; John Katko of New York; Nancy Mace of South Carolina; and Peter Meijer and Fred Upton of Michigan.
The only representative who did not cast a vote on Thursday was Indiana Republican Congressman Greg Pence, the brother of Trump's Vice President Mike Pence.
'If you act deliberately with sneering, cavalier contempt for the American people,' said Representative Jamie Raskin, a member of the committee, 'we will hold you in contempt.'
'We will get to the truth of the violent assault on America,' the Maryland Democrat continued.
The resolution will now be handed over to the Justice Department, where there is still uncertainty over whether Joe Biden's team will move to prosecute Bannon.
Attorney General Merrick Garland would not say during a House Judiciary Committee hearing on Thursday whether the DOJ would move forward with bringing criminal contempt charges against Bannon.
'Some representatives' votes for referral of a contempt charge, the Department of Justice will do what it always does in such circumstances – apply the facts of the law and make a decision consistent with the principles of prosecution,' Garland said, in deflecting directly answering the question.
The House voted 229-202 on Thursday to hold Steve Bannon (pictured) in contempt of Congress for defying a subpoena to testify before the House Select Committee probing the January 6 Capitol attack
Rep. Liz Cheney, one of the two Republicans on the select committee, said Thursday that Bannon 'must have been aware' of the impending attack based on a podcast he did the day before – January 5
All 220 Democrats voted for the measure, with nine Republicans joining. Only one member did not cast a vote at all – former Vice President Mike Pence's brother Indiana Rep. Greg Pence
Wyoming Representative Liz Cheney, one of the two Republicans on the select committee, said Thursday that Bannon 'must have been aware' of the impending attack based on a podcast he did the day before – January 5.
'He must have been aware of, and may well have been involved in, the planning of everything that played out on that day,' Cheney said of Bannon in remarks from the House floor. 'The American people deserve to know what he knew and what he did.'
Cheney is joined by fellow anti-Trump Republican Representative Adam Kinzinger of Illinois on the January 6 commission.
When the commission was created back in May, 30 Republicans voted for the proposal.
The contempt resolution will now be sent to Channing Phillips, the acting U.S. Attorney for the District of Columbia, who will decide with other Justice officials whether to bring criminal contempt charges against Bannon.
Attorney General Merrick Garland, in appearing before the House Judiciary Committee on Thursday, would not commit to brining charges against Bannon if the resolution is passed by the House – instead saying DOJ will 'follow the facts'
The entire process could take several months to play out, which will hinder the congressional probe – but Democrats feel the action must be taken to preserve the authority of the panel and preserve the integrity of the investigation.
GOP panel member Cheney insisted on Thursday that Bannon's testimony is crucial to the probe into January 6, claiming his comment the day before suggest that he knew the events were going to unfold as they did that day.
'Listen to Steve Bannon talking about #January6th. The American people deserve to hear his testimony,' Cheney tweeted along with a video of images of the attack coupled with images of the violence on January 6.
In Bannon's 'War Room' podcast on January 5, he said: 'Just understand this, all hell is going to break loose tomorrow. It's going to be moving, it's going to be quick. This is not a day for fantasy, this is a day for maniacal focus. Focus, focus, focus.'
'We're coming in right over the target, okay? Exactly, this is the point of attack we've always wanted,' he continued in the audio clip.
Florida Representative Matt Gaetz, a Trump ally, said: 'Why are we here on the floor of the House of Representatives listening to the Democrats and socialists and their Republican puppets reviewing Steve Bannon's podcast?'
The 9/11-style committee crafted by House Speaker Nancy Pelosi to probe the January 6 riot voted unanimously on Tuesday evening to hold Bannon in contempt, which then led to a House Rules Committee vote on Wednesday for a procedure for the House to hold a full floor vote on holding Bannon in contempt of Congress.
Bannon argued to the panel that Donald Trump's lawyers have instructed him not to testify on the grounds of executive privilege. But the panel says there is no ground for such an exemption because Bannon was not working for the administration at the time of the attack
The full floor vote is expected to pass will full Democrats support and some from Republicans, including the two GOP members on the nine-member panel – anti-Trump Representatives Liz Cheney of Wyoming (left) and Adam Kinzinger of Illinois (right)
After the vote Thursday, the matter will be sent to acting U.S. Attorney for DC Channing Phillips who will decide whether to bring criminal contempt charges against Bannon
Justice officials, led by Attorney General Merrick Garland, will decide if they will prosecute Bannon for refusing to comply with the subpoena to testify.
Garland testified Thursday at an oversight hearing before the House Judiciary Committee and so far was asked at least one question about the impending Bannon case – and the attorney general is likely to yield more about the DOJ's prosecution of January 6 defendants.
So far, more than 600 people have been charged in the attack and it's expected more cases will come in the next few months.
House Minority Leader Kevin McCarthy said on Thursday that the January 6 commission is 'weakening the power' of Congress by issuing what the California Republican claims are 'invalid' subpoenas.
'They're issuing an invalid subpoena – issuing an invalid subpoena weakens our power. Not if somebody votes against it,' McCarthy said during his weekly press conference.
'He has a right to go to the court to see if he has executive privilege or
