The committee is also demanding documents and testimony from Dustin Stockton and his fiancée, Jennifer L. Lawrence, who reportedly assisted in organizing a series of rallies after the election advancing false claims about its outcome.
Understand the Claim of Executive Privilege in the Jan. 6. Inquiry
Card 1 of 8A key issue yet untested. Donald Trump’s power as former president to keep information from his White House secret has become a central issue in the House’s investigation of the Jan. 6 Capitol riot. Amid an attempt by Mr. Trump to keep personal records secret and the indictment of Stephen K. Bannon for contempt of Congress, here’s a breakdown of executive privilege:
What is executive privilege? It is a power claimed by presidents under the Constitution to prevent the other two branches of government from gaining access to certain internal executive branch information, especially confidential communications involving the president or among his top aides.
What is Trump’s claim? Former President Trump has filed a lawsuit seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 Capitol riot. He argues that these matters must remain a secret as a matter of executive privilege.
Is Trump’s privilege claim valid? The constitutional line between a president’s secrecy powers and Congress’s investigative authority is hazy. Though a judge rejected Mr. Trump’s bid to keep his papers secret, it is likely that the case will ultimately be resolved by the Supreme Court.
Is executive privilege an absolute power? No. Even a legitimate claim of executive privilege may not always prevail in court. During the Watergate scandal in 1974, the Supreme Court upheld an order requiring President Richard M. Nixon to turn over his Oval Office tapes.
May ex-presidents invoke executive privilege? Yes, but courts may view their claims with less deference than those of current presidents. In 1977, the Supreme Court said Nixon could make a claim of executive privilege even though he was out of office, though the court ultimately ruled against him in the case.
Is Steve Bannon covered by executive privilege? This is unclear. Mr. Bannon’s case could raise the novel legal question of whether or how far a claim of executive privilege may extend to communications between a president and an informal adviser outside of the government.
What is contempt of Congress? It is a sanction imposed on people who defy congressional subpoenas. Congress can refer contempt citations to the Justice Department and ask for criminal charges. Mr. Bannon has been indicted on contempt charges for refusing to comply with a subpoena that seeks documents and testimony.
Mr. Stockton was reportedly concerned that the rally at the Ellipse would lead to a march to the Capitol that would mean “possible danger,” which he said “felt unsafe.” These concerns were escalated to Mark Meadows, the White House chief of staff, the committee said.
The committee also issued a subpoena to Taylor Budowich, a spokesman for Mr. Trump, who reportedly solicited nonprofit organizations to conduct a social media and radio advertising campaign encouraging attendance at the rally at the Ellipse and promoting unsupported claims about the election result, the committee said.
The subpoenas issued on Monday require that all five people produce documents and testimony by mid-December. The committee has issued 40 subpoenas in total, investigating everything from the planning and financing of the “Stop the Steal” effort to Mr. Trump’s every movement as the violence spread on Jan. 6.
The subpoenas come as the committee is struggling to compel some allies of Mr. Trump to comply with its investigation. Stephen K. Bannon, a former top aide to Mr. Trump, has been charged with federal crimes after refusing to comply with his subpoena, while members of the committee have said that they are considering recommending contempt of Congress charges against two other potential witnesses: Mr. Meadows and Jeffrey Clark, a former Justice Department lawyer involved in Mr. Trump’s plans to overturn the election.