WASHINGTON (AP) — A House committee investigating the Jan. 6 Capitol insurrection will vote Wednesday to hold a former Justice Department official in contempt, seeking criminal charges against a defiant witness for a second time after holding former White House aide Steve Bannon in contempt last month.
The committee on Monday scheduled a vote to pursue contempt charges against Jeffrey Clark, a former Justice Department lawyer who aligned with President Donald Trump as he tried to overturn his defeat. Clark appeared for a deposition Nov. 5 but told lawmakers that he would not answer questions based partly on Trump’s legal efforts to block the committee’s investigation.
The vote will come as the panel is also considering contempt charges against former White House Chief of Staff Mark Meadows, who was Trump’s top aide the day that hundreds of his supporters violently attacked the U.S. Capitol and interrupted the certification of President Joe Biden’s victory. Meadows was subpoenaed in September but has not yet sat for an interview with the committee.
The panel has vowed to aggressively seek charges against any witness who doesn’t comply as they investigate the worst attack on the Capitol in two centuries, and the Justice Department has signaled it is willing to pursue those charges, indicting Bannon earlier this month on two federal counts of criminal contempt. Attorney General Merrick Garland said then that Bannon’s indictment reflects the department’s “steadfast commitment” to the rule of law after Bannon outright defied the committee and refused to cooperate.
Clark’s case could be more complicated since he did appear for his deposition and, unlike Bannon, was a Trump administration official on Jan. 6. Trump has sued to block the committee’s work and has attempted to assert executive privilege over documents and interviews, arguing that his conversations and actions at the time should be shielded from public view.
A report issued by Democrats on the Senate Judiciary Committee detailed how Clark championed Trump’s efforts to undo the election results and clashed as a result with Justice Department superiors who resisted the pressure, culminating in a dramatic White House meeting at which Trump ruminated about elevating Clark to attorney general. He did not do so after several aides threatened to resign.
In a somewhat similar case, the Justice Department in 2015 declined to prosecute former IRS official Lois Lerner on contempt of Congress charges after Lerner delivered an opening statement at a hearing but then repeatedly declined to answer questions from lawmakers, citing her Fifth Amendment right to not incriminate herself.
This time, though, the Justice Department is considering the charges against a former administration official, not a current official. With little precedent to go on, it's unclear what the department will do.
Clark is one of more than 40 people the committee has subpoenaed so far. The committee's chairman, Mississippi Rep. Bennie Thompson, wrote in Clark’s subpoena that the committee’s probe “has revealed credible evidence that you attempted to involve the Department of Justice in efforts to interrupt the peaceful transfer of power” and his efforts “risked involving the Department of Justice in actions that lacked evidentiary foundation and threatened to subvert the rule of law.”
After Clark refused to answer questions, Thompson said it was “astounding that someone who so recently held a position of public trust to uphold the Constitution would now hide behind vague claims of privilege by a former President, refuse to answer questions about an attack on our democracy, and continue an assault on the rule of law."
Despite Trump’s false claims about a stolen election — the primary motivation for the violent mob that broke into the Capitol and interrupted the certification of Biden’s victory — the results were confirmed by state officials and upheld by the courts. Trump’s own attorney general, William Barr, had said the Justice Department found no evidence of widespread fraud that could have changed the results.
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Associated Press writers Eric Tucker and Michael Balsamo contributed to this report.
Mary Clare Jalonick, The Associated Press
