Steve Bannon's indictment reveals a dangerous congressional dependency, Steve Vladeck writes.
for failing to comply with subpoenas from the House select committee investigating the Jan. 6 attack on the Capitol. The news was celebrated by supporters of the committee’s work — and of congressional oversight more generally — as a rare instance in which the executive branch agreed to enforce a politically divisive congressional subpoena against a former executive branch adviser.
But whatever happens in Bannon’s criminal case — he is reportedly expected to appear in court next week — what the indictment really underscores is how dependent Congress has become on the executive branch to carry out even the most basic aspects of its oversight function and how dangerous that dependency can be when the oversight is directed toward, or even near, the executive.
In the latter scenario, the committee that issued the subpoena seeks a judgment against the witness . Once such a judgment is obtained, the witness either complies or faces the coercive penalty of judicial contempt. As recent experience has taught, neither of these options are ideal. The criminal route requires the cooperation of the Justice Department.
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