Rep. Scott Perry is one of a handful of individuals mentioned by name in a subpoena of Stephen Bannon, who is expected to be held in contempt following a session Tuesday of the U.S. House of Representatives committee investigating the Jan. 6 attack on the Capitol.
The committee voted Tuesday night to approve a contempt report on Bannon, an ally of former President Donald Trump, for defying the subpoena.
The House committee’s subpoena casts a broad net on any of Bannon’s correspondence or documents related to the planning and conduct of the Jan. 6 pro-Trump rally that turned violent when protesters broke into the U.S. Capitol in an attempt to stop the Electoral College proceedings.
The subpoena specifically demands any of Bannon’s communication about those matters with certain people, including “Representative Scott Perry and/or other Members of Congress,” with Perry being the only legislator called out by name.
The committee’s contempt report is expected to be approved by the full House on Thursday, which would then hand the matter over to federal prosecutors.
The committee consists of seven Democrats and two Republicans, with committee membership choices themselves having been a partisan battle earlier this year. All but two House Republicans voted against the committee’s creation.
Earlier this month, Bannon’s attorney sent a letter to the committee stating that Bannon was “legally unable to comply with your subpoena requests” given that he had been informed by Trump’s attorney’s that the information being sought may fall under the former president’s executive privilege.
Trump filed a suit on Monday in federal court challenging the scope of the committee’s investigation, with Bannon’s attorney writing that he could not comply with the subpoena until the matter is resolved.
The committee has rejected this argument, writing in the contempt report that “there is no conceivable executive privilege claim that could bar all of the select committee’s requests or justify Mr. Bannon’s flat refusal to appear for the required deposition.”
The committee’s chairman, Rep Bennie Thompson, said at the outset of Tuesday’s meeting that Bannon “will comply with our investigation or he will face the consequences,” according to NPR.
“Maybe he’s willing to be a martyr to the disgraceful cause of whitewashing what happened on Jan. 6 — of demonstrating his complete loyalty to the former president,” Thompson said, according to NPR’s report of the meeting. “So I want other witnesses to understand something very plainly: if you’re thinking of following the path Mr. Bannon has gone down, you’re on notice that this is what you’ll face.”
Perry’s office had not responded to a request for comment Wednesday. It is not known what, if any, communication exists between Bannon and Perry.
Earlier this year, Perry was one of several legislators whose phone records and online activity House investigators asked telecommunications providers to preserve as part of the Jan. 6 inquiry. Perry and several others subsequently sent letters to those providers objecting to the records request and writing that “we will pursue all legal remedies” against the telecom companies if they comply with the request.
In the early hours of Jan. 7, after rioters had been cleared from the Capitol, Perry made the formal objection in the House to Pennsylvania’s Electoral College votes, after having previously signed on to a letter and lawsuits seeking to have the election results of Pennsylvania and several other states thrown out.
A report by the Senate investigatory committee this month also pointed to Perry as being one of several legislators who Trump believed could help him promote unfounded claims of election fraud.
Correspondence with Department of Justice officials, released by the Senate committee, showed Perry had personally contacted Richard Donoghue, who was then the acting deputy attorney general, regarding the fraud theories after Trump had leaned on Donoghue and then-acting Attorney General Jeffrey Rosen to endorse his claims of electoral corruption in the days leading up to the Jan. 6 attack.
Perry’s 10th Congressional District covers eastern Cumberland County, including Carlisle, as well as northern York County and Dauphin County.