Garland: DOJ 'will apply the facts and the law' when considering Bannon referral

Attorney General Merrick Garland told lawmakers that the Justice Department "will apply the facts and the law and make a decision" when considering a criminal contempt referral for Steve Bannon the House is preparing to approve on Thursday.

Garland is appearing before the House Judiciary Committee Thursday as the full House prepares to vote on a criminal contempt resolution for Bannon. The move will put before the department a decision on whether to prosecute the adviser to former President Donald Trump for his refusal to cooperate in the House's January 6 insurrection investigation.

"The Department of Justice will do what it always does in such circumstances, we'll apply the facts and the law and make a decision, consistent with the principles of prosecution," Garland said, when asked about referrals approved by the House related to its January 6 probe.

In addition to the Bannon contempt referral, lawmakers may seek to question Garland about the department's broader response to the Capitol attack, as it has charged more than 600 people who allegedly participated in the mob.

An opening statement submitted by Garland for the hearing called the Capitol breach an "intolerable assault, not only on the Capitol and the brave law enforcement personnel who sought to protect it, but also on a fundamental element of our democracy: the peaceful transfer of power."