Opinion | Why Steve Bannon's House subpoena defiance should end in prosecution

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Opinion | Why Steve Bannon's House subpoena defiance should end in prosecution
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Opinion | Josh Chafetz: Why Steve Bannon's House subpoena defiance should end in prosecution. - NBCNewsTHINK

, “It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. ... The informing function of Congress should be preferred even to its legislative function.”

The congressional houses cannot perform any of those functions without the ability to compel people to testify and turn over documents. Without that power, Congress would have access only to information that other actors want to turn over; whatever they chose to keep secret would remain hidden.

The congressional houses cannot perform any of those functions without the ability to compel people to testify and turn over documents. It is true that, if Bannon and perhaps others persist, they may be able to undermine some of these essential functions of legislative oversight by keeping crucial information out of the committee’s hands. The committee may be hindered in its goal of uncovering who precisely instigated the insurrection and how the insurgents were able to breach the Capitol.

This would be a loss not simply for Democrats, and not simply for those who rightly want to prevent another Jan. 6 from ever happening again, but for our constitutional order as a whole. The best way to prevent this sort of undermining of Congress’ vital role is to dole out severe punishment to those who would engage in it.

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