America First Legal (AFL) has filed an amicus brief on behalf of Representative Barry Loudermilk (GA-11), Chairman of the House Administration Subcommittee on Oversight, in support of Stephen K. Bannon’s emergency stay application to the Supreme Court of the United States. Bannon's application seeks his continued release pending further appeal of his convictions.
Rep. Loudermilk and his subcommittee are investigating security failures leading up to and on January 6, 2021, as well as reviewing the creation, operation, and results of the Select Committee to Investigate the January 6th Attack on the United States Capitol ("Select Committee"). AFL and Rep. Loudermilk argue that the Select Committee's noncompliance with House rules means it was unlawfully constituted, rendering its subpoena to Bannon and subsequent criminal referral invalid.
Representative Barry Loudermilk stated: "Over the past year and a half, my Subcommittee has uncovered concerning misconduct by the Democrats’ former January 6 Select Committee. They suppressed evidence, deleted key files, and intentionally misled Congress and the American people all in an effort to protect a preconceived narrative. The Select Committee failed to comply with the rules governing its own procedures. Therefore, the prosecution of Mr. Bannon for failing to appear for a deposition is invalid, as is any criminal prosecution."
Dan Epstein, America First Legal Vice President, added: "The January 6 Select Committee’s violations of House Rules and Regulations invalidate their formal actions against individuals. Thus the indictment of Bannon lacks a legal foundation. The Supreme Court should take note of Chairman Loudermilk’s arguments to grant the emergency stay Bannon has requested."