Federal Judge to Hear Trump’s Case Against Jan. 6 Committee

Nine Republicans joined every Democrat in the U.S. House of Representatives to hold Steve Bannon in contempt of Congress on Thursday.

The floor vote came after the Jan. 6 select committee recommended that Congress vote to find Bannon in criminal contempt for defying its subpoena.

SEE ALSO: Committee Shoots Down Bannon's Request to Postpone Criminal Referral Vote

Bannon's lawyer Robert Costello had tried and failed to argue that Bannon is “legally unable” to comply because of former President Trump's claim of executive privilege. In any event, Costello claimed that Bannon couldn't engage with the committee until Trump and President Biden's divergent claims of executive privilege are resolved.

A High-Stakes Showdown

While the scope of executive privilege claims from former presidents remains a matter of debate, a federal judge has agreed to hear Trump's case—and sooner than many thought. (RELATED: Trump Sues Niece, New York Times Over Pulitzer Prize-Winning Story)

Per The Hill:

A federal judge will hear former President Trump‘s case against the House Jan. 6 Committee's request for extensive records from his administration in a hearing next month.

U.S. District Court Judge Tanya Chutkan on Friday scheduled a Nov. 4 hearing in Trump's lawsuit against the committee, setting a rapid schedule for the case.

A Defining Point in the Executive Privilege Debate?

Trump sued the committee earlier this week, seeking to block it from obtaining the records from the National Archives and citing executive privilege claims in pushing to keep them under wraps.

“The Committee's request amounts to nothing less than a vexatious, illegal fishing expedition openly endorsed by Biden and designed to unconstitutionally investigate President Trump and his administration,” the lawsuit reads. “Our laws do not permit such an impulsive, egregious action against a former President and his close advisors.”

Meanwhile, the Justice Department will decide whether or not to pursue criminal charges against Bannon.

SEE ALSO: Court Gives Trump Ally Devin Nunes Partial Victory in Libel Suit

Trump pardoned Bannon during his final hours in office. In August 2020, federal prosecutors had charged Bannon with deceiving hundreds of thousands of donors to a nonprofit group trying to build a wall along the U.S.-Mexico border.

Seven of the 10 House Republicans who voted to impeach Trump in January supported the criminal referral against Bannon. The three exceptions were Reps. Dan Newhouse (Wash.), Tom Rice (S.C.) and David Valadao (Calif.).Notably, two Republicans who opposed both of Trump's impeachments, Reps. Brian Fitzpatrick (Penn.) and Nancy Mace (S.C.) joined Democrats this time.

Mace told reporters that she wanted to be “consistent” and that Congress needs to have subpoena power when Republicans reclaim the majority.