Washington D.C. (June 26, 2024) | This week, Rep. Barry Loudermilk (GA-11), Chairman of the Committee on House Administration's Oversight Subcommittee filed an amicus brief with the U.S. Supreme Court explaining the deeply flawed work of the Democrats' partisan January 6 Select Committee and subsequent contempt and criminal referral. The Select Committee failed to comply with the rules governing its own procedures, which required consultation with the minority ranking member, which did not exist. Therefore, the prosecution of Steve Bannon for failing to appear for a deposition is invalid.

 

As first reported by the Daily Caller, this amicus brief supports Steve Bannon's emergency application to the Supreme Court, which has been ordered to turn himself in by July 1 to start a four-month prison sentence for refusing to comply with one of the Select Committee's flawed subpoenas.

 

The former Select Committee did not function within the bounds of its own rules, nor House rules, because they had no Ranking Member of the Minority. Vice-Chair Liz Cheney was not a Ranking Member. Therefore, the Select Committee violated House rules, and its own procedures, by attempting to compel Steve Bannon to appear for a deposition without notifying a Ranking Member.

 

The Select Committee asked the U.S. House to hold Mr. Bannon in contempt of Congress in 2021 in part for failing to appear for a deposition. However, the Select Committee failed to inform the House of this critical fact when they asked the House to hold him in contempt. The Department of Justice's indictment of Mr. Bannon specifically references Mr. Bannon's failure to appear for a deposition. The Select Committee's inability to comply with its own rules invalidate Bannon's contempt order and the prosecution of him should be dismissed or reconsidered in light of this information. 

 

“Over the past year and a half, my Subcommittee has uncovered concerning misconduct by the Democrats’ former January 6 Select Committee," said Rep. Loudermilk. "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. My amicus brief will hold the Select Committee accountable and nullify their deeply flawed work conducted outside the bounds of legitimacy.”

 

"The January 6 Select Committee’s violations of House Rules and Regulations invalidates their formal actions against individuals," said America First Legal Vice President Dan Epstein. "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."

 

Read the full Daily Caller article here.

Read the amicus brief here. 

 

BACKGROUND

Former Republican Wyoming Rep. Liz Cheney serving as Vice Chair of the former Select Committee does not satisfy the legal requirements that the Select Committee would consult with the Ranking Member. The Vice-Chair is not the ranking member and Cheney was selected by former House Speaker Nancy Pelosi.

H. Res. 503 which established Pelosi’s Select Committee identified specific requirements for subpoenas and the taking of depositions. This resolution specifically required the Chairman of the Select Committee, Rep. Bennie Thompson, to “consult” with the ranking member prior to taking a deposition. 

This was impossible for Thompson to do given the Select Committee did not have a ranking member. Therefore, any contempt resolution presented by the Select Committee relating to individuals failing to appear for a deposition is fundamentally flawed and should be invalidated. Additionally, any criminal prosecution that was initiated in full or in part on a witness's failure to appear for a deposition is flawed and should be dismissed and reevaluated based on this information.
 
The amicus brief comes after Steve Bannon asked the U.S. Supreme Court to delay his prison sentence last week. Bannon has been ordered to turn himself in by July 1 to start his four-month prison sentence for contempt of Congress.

Additionally, Rep. Loudermilk and his team are working on legislation that will nullify the fundamentally flawed work of the January 6 Select Committee.

This week, Rep. Barry Loudermilk (GA-11) supported several pieces of critical legislation that prioritize funding to secure our borders, strengthen our military and safeguard our allies and partners. Bills are as follows:

 

H.R. 8752 – Department of Homeland Security Appropriations Act, 2025 – Rep. Mark Amodei (NV-2)

The FY25 Homeland Security Appropriations Act secures our southern border by providing robust funding for border patrol agents and technology, counters China and bolsters national security, and rejects the Biden Administration’s attempts to further its radical, far-Left agenda and encourage more illegal immigration.

• Provides $64.81 billion in total discretionary funding, including $3.41 billion for defense, an $82 million (2.4%) increase above the FY24 enacted level, and $61.39 billion for non-defense, a $2.88 billion (5%) increase above the FY24 enacted level and $4.27 billion (7.5%) above the President’s Budget Request. Also includes $22.74 billion for major disaster response and recovery operations.

• • Rejects funding for electric vehicles and related infrastructure, saving $30 million.
  • Prevents the consolidation of the Department’s Headquarters, saving $186.7 million.
  • Eliminates the duplicative Office of the Immigration Detention Ombudsman, saving $28.6 million from the FY24 enacted level.

• Addresses the Biden Border Crisis – which resulted in 3.2 million encounters by Customs and Border Protection last year alone – and secures our southern border.

• • Provides $600 million for construction of the southern border wall and $300 million for border security technology, a record level of funding.
  • Sustains funding for 22,000 Border Patrol agents.
  • Forces Secretary Mayorkas to build physical barriers immediately and ensuring wall funding can only be used to build physical barriers.
  • Provides $4.1 billion for custody operations—more than ever previously appropriated – to fund 50,000 detention beds.
  • Provides $822.7 million for flights and ground transportation for Immigration and Customs Enforcement to remove more than 1.3 million migrants who are still in this country despite having final orders of removal.
  • Rejects funding requested by the Biden Administration that encourages more illegal migration, including funding for the Shelter and Services Program for migrants and the Case Management Pilot Program for migrants.

• Expands our presence in the Indo-Pacific to counter the threats posed by China.

• • Provides $335 million to procure four additional Coast Guard Fast Response Cutters.
  • Provides $60 million for a service life extension to enable the Coast Guard to deploy another Medium Endurance Cutter.
  • Provides $4.2 million dollars for increased maritime engagements to expand partnerships and exercise the Nation’s bi-lateral and multi-lateral agreements.

• Rejects the Biden Administration’s attempts to push their radical, woke agenda.

• • Prohibits the government from labeling Americans’ constitutionally protected speech as “misinformation” and imposing a penalty of termination for such action.
  • Prohibits funding for providing or facilitating abortions for ICE detainees.
  • Prohibits gender-affirming care, including hormone therapy and surgery, for ICE detainees.
  • Prevents the Department from carrying out its equity action plan or advancing critical race theory.

 

A summary of H.R. 8752, can be found here.

 

H.R. 8771 – Department of State, Foreign Operations, and Related Programs Appropriations Act – Rep. Mario Diaz-Balart (FL-26)

The FY25 State and Foreign Ops bill prioritizes resources to support our allies and counter our adversaries, prohibits funding for organizations that do not support U.S. interests, including the International Criminal Court, United Nations Relief Works Agency, and World Health Organization, and promotes American values by increasing funding for religious freedom programs abroad and implementing the expanded Mexico City Policy on all health funds in the bill.

• Provides $51.7 billion in total discretionary funding, a $7.6 billion (11%) decrease from the FY24 enacted level and $12.26 billion (19%) below the President’s Budget Request. H.R. 8771 achieves these savings by responsibly refocusing taxpayer resources including:

• • Eliminating funding for the United Nations’ (UN) regular budget, a savings of $761.6 million.
  • Eliminating eight accounts in the bill, including the Emergency Refugee and Migration Assistance Fund, International Organizations and Programs, Contribution to the Clean Technology Fund, and Contributions to the Inter-American Development Bank.
  • Terminating more than 18 unnecessary programs, including the Organization for Economic Cooperation and Development (OECD), UN Educational, Scientific and Cultural Organization (UNESCO), UN Women, UN Montreal Protocol, UN Environment Fund, and World Economic Forum.
  • Prohibiting funding for Special Envoys, Special Representatives, Special Coordinators, and Special Advisors unless such positions are expressly authorized or have affirmatively received the advice and consent of the Senate.
  • Prohibiting funds for the Green Climate Fund, Clean Technology Fund, and Loss and Damages Fund.
  • Prohibiting funds to the Wuhan Institute of Virology, the EcoHealth Alliance, any gain-of-function research, and labs in adversarial nations like China, Iran, Russia, North Korea, or Cuba.

• Supports our ally, Israel, by providing $3.3 billion in Foreign Military Financing.
• Counters China by providing $2.1 billion for U.S. national security interests in the Indo-Pacific and to counter malign influence, $500 million in Foreign Military Financing for Taiwan to strengthen deterrence across the Taiwan Strait, and fully funding the Countering PRC Influence Fund at $400 million.
• Prioritizes funding that directly supports U.S. national security.

• • Supports funding and policies to combat the flow of fentanyl and other illicit drugs into the U.S.
  • Prohibits funds that encourage or facilitate illegal immigration at our southern border.
  • Prohibits the Iran Revolutionary Guard Corps from being removed from the Foreign Terrorist Organization (FTO) list.
  • Prohibits funds to implement a nuclear agreement with Iran unless ratified by the Senate.
  • Prohibits funds to be used to implement the Arms Trade Treaty.

• Halts Biden’s radical extremist policies and priorities and supports American values abroad.

• • Maintains all long-standing, pro-life protections.
  • Prohibits funds for controversial organizations and programs, such as the United Nations Population Fund and Gender Equity and Equality Action Fund.
  • Supports religious freedom programs abroad and religious freedom protections for faith-based organizations delivering foreign aid.
  • Allows only the American flag and other official flags to be flown over U.S embassies.
  • Bans “disinformation” and “misinformation” programs that violate the free speech rights of American citizens.

 

A summary of H.R. 8771, can be found here. 

 

H.R. 8774 – Department of Defense Appropriations Act, 2025 – Rep. Ken Calvert (CA-41)

The FY25 DoD Appropriations Act funds a 4.5% pay raise for our troops, as well as an additional 15% pay increase for junior enlisted servicemembers, ensures the delivery of combat-ready forces to deter war and ensure national security, and eliminates funding for President Biden’s woke social agendas and initiatives that have no place in our military.

• Provides $833.05 billion in discretionary funding, $8.57 billion (1%) above the FY24 enacted level and consistent with the limit that is set in law.

• • Rejects $18 billion in unjustified and unnecessary items included in the President’s Budget Request and redirects those resources to programs and activities that counter our adversaries, foster innovation, enhance DoD’s role in combating fentanyl, and support servicemembers and their families.

• Prioritizes the fight against China.

• • Allocates $200 million for Taiwan's international security cooperation programs and prioritizes defense articles and services to Taiwan.
  • Prevents the early retirement of three ships and rejects certain air force divestment plans.
  • Increases investments in 5th and 6th generation aircraft like the F-35 and Next Generation Air Dominance.

• Promotes innovation and modernizes our military to ensure our warfighters are prepared for whatever lies ahead.

• • Invests in next-generation fighter aircraft, helicopters, tactical combat vehicles, and submarines.
  • Supports the modernization of the nuclear triad: the B-21 Raider, the Columbia Class Submarine, and Sentinel.
  • Allocates over $1.3 billion for the Defense Innovation Unit and select Defense-Wide innovation efforts to encourage nontraditional sources, including small and medium-sized businesses, to work with the Department.

• Counters the flow of illicit fentanyl and synthetic opioids into American communities.

• • Allocates $1.14 billion for drug interdiction and counterdrug activities, $242 million above the President’s Budget Request.
  • Increases funding for the National Guard Counterdrug Program.
  • Transfers Mexico from U.S. Northern Command to U..S Southern Command for better prioritization and coordination across efforts.

• Supports our ally, Israel.

• • Provides $500 million for the Israeli Cooperative Missile Defense Programs, to include Iron Dome, David’s Sling, and Arrow missile defense systems.
  • Prohibits funds to withhold the delivery of defense articles and defense services from the United States to Israel, requiring that any defense article withheld from delivery to Israel be delivered within 15 days, and requiring the Secretary of Defense to obligate any remaining unobligated balances for assistance for Israel within 30 days.
  • Prohibits funds for the United Nations Relief and Works Agency (UNRWA).

• Refocuses the Pentagon on its core mission, not on divisive social agendas and extremist, far-left policies.

• • Prohibits funds to House illegal immigrants on military installations.
  • Prohibits funding for DEI offices and the implementation of the Biden Administration’s DEI executive orders, as well as defunds the position of Deputy Inspector General for Diversity and Inclusion and Extremism in the Military and the position of Chief Diversity Officer.
  • Prohibits the use of funds to perform medical procedures that attempt to change an individual’s biological gender.
  • Prohibits events on military installations or as part of recruiting programs that bring discredit upon the military, such as a drag queen story hour for children or the use of drag queens as military recruiters.
  • Prohibits the promotion or advancement of CRT.
  • Prohibits funding for the President’s climate change executive orders and regulations.
  • Prohibits paid leave and travel or related expenses of a servicemember or their dependents to obtain an abortion or abortion-related services.
  • Prohibits contracts with NewsGuard Technologies Inc. which is known to target conservative news outlets.
  • Prevents COVID-19 vaccine and mask mandates.

 

A summary of H.R. 8774, can be found here.

In case you missed it, this week, Rep. Barry Loudermilk (GA-11) questioned U.S. Export-Import Bank (EX-IM) President and Chair Rita Jo Lewis about the factors for reauthorization of the EX-IM Bank.

 

He discussed why the EX-IM bank should not crowd out private export/import financing, but only be used as needed to negate China's unfair trade practices.

 

Click here or below to tune in.

This week, Rep. Loudermilk (GA-11) cosponsored several pieces of legislation protecting and fighting for our Second Amendment rights. Bills are as follows: 

• H.R. 2620, the Federal Firearms Licensee Protection Act, Rep. John Rutherford (FL-5) – Enhances penalties for individuals stealing firearms from a Federal Firearms Licensee (FFL) dealer, a firearms and ammunition seller.
  • Doubles the statutory maximum penalty for stealing a firearm from the inventory of a federal firearm licensee (FFL) from 10 years to 20 years.
  • Imposes a mandatory minimum sentence of three years for burglary from a FFL and five years for robbery from a FFL.
    • To read the full bill text of H.R. 2620, click here.
      
      
• H.R. 53, the Firearm Industry Non-Discrimination (FIND) Act, Rep. Jack Bergman (MI-1) – Fights back against "boardroom gun control" and protects our Second Amendment rights. 
  • Prevents any businesses that discriminate against firearm businesses or associations from contracting or subcontracting with the federal government.
    
    • For the bill text of H.R. 53, click here.
      
      
• H.R. 7471, the Fighting Irrational Regulatory Enforcement to Avert Retailers' Misfortune (FIREARM) Act, Rep. Darrell Issa (CA-48) – Protects gun store owners from new Biden Administration sanctions from the Bureau of Alcohol, Tobacco, and Firearms (ATF) that unfairly target these businesses and the legal products they provide to customers. 
  • Creates a safe harbor for self-reported violations and provides FFLs 30 days to correct violations that are not self-reported;
  • Requires ATF to work collaboratively with FFLs to fix violations;
  • Explicitly defines willful to mean a voluntary, intentional violation of a known legal duty achieved through specific intent or deliberate planning;
  • Gives FFLs the option of district court judicial review in cases of revocations if they do not wish to appeal in a hearing before the Attorney General.
    
    • Read the full bill text of H.R. 7471, click here.
      
      
• H.R. 7042, the Reining in Federal Licensing Enforcement (RIFLE) Act, Rep. Tracy Mann (KS-1)  – Protects Federal Firearm Licensees (FFL) from being forces out of business by President Biden's Bureau of Alcohol, Tobacco, and Firearms (ATF) overreaching directives. 
  • Clearly defines what constitutes a willful violation, imposing a presumption that there is no willful violation absent clear and convincing evidence.
  • Ensures that the ATF works with FFLs, giving FFLs a chance to comply before ATF moves to revoke a license.
  • Allows FFLs to review and appeal ATF determinations before an administrative law judge.
  • Allows individuals whose licenses were revoked to reapply for their license under the new definition of willfulness.
    • Click here to read the full bill text of H.R. 7042. 
      
      
• H.R. 6504, the Protect American Gun Exporters Act, Rep. Mark Green (TN-7) – stops the current gun export license pause and prevents the Department of Commerce from taking any substantially similar actions in the future unless standard rule making procedures are followed. 
  • Bill comes after Rep. Green, Rep. Loudermilk and 85 of their House colleagues signed a letter demanding answers on the unprecedented and reckless restriction on civilian firearm export licenses.
    • For the full bill text of H.R. 6504, click here.

This week, Rep. Barry Loudermilk (GA-11) joined Rep. Barry Moore (AL-2) in cosponsoring H.R. 8459, the Stopping Traffickers and Their Accomplices (STATA) Act. This legislation requires abortion providers to know the signs of trafficking and notify the National Human Trafficking Hotline of victims of trafficking. 

 

To read the full bill text of H.R. 8459, click here. 

This week, Rep. Barry Loudermilk (GA-11) joined Rep. Claudia Tenney (NY-24) in cosponsoring H.R. 4564, the Countering Hate Against Israel by Federal Contractors Act. This legislation prevents the federal government from entering into new contracts with entities that support the radical, anti-Semitic BDS movement targeting Israel. 

 

BACKGROUND

Thirty-six states nationwide have enacted laws opposing boycotts against Israel, demonstrating their commitment to resisting the radical Boycott, Divestment, and Sanctions (BDS) movement. It is imperative for the federal government to enact policies that align with a supermajority of states, thereby reinforcing the unbreakable bond between the United States and Israel.

 

To read the full bill text, click here. 

This week, Rep. Barry Loudermilk (GA-11) joined Reps. Rob Wittman (VA-1) and Abigail Spanberger (VA-7) in cosponsoring H.R. 1477, the Freedom to Invest in Tomorrow's Workforce Act. This legislation would permit the use of 529 account funds to pay for postsecondary credential program expenses.

 

This bill would specifically make tax advantaged college savings available to those who choose not to pursue a traditional four-year degree, or for people who need to pursue additional cost licensing after obtaining a degree. 

 

To read the full bill text, click here. 

This week, Rep. Barry Loudermilk (GA-11) joined Rep. Andy Biggs (AZ-5) in cosponsoring H.R. 8624, the Helping Owners with Unaffordable Shoddy Edicts (HOUSE) Act. This legislation repeals the Biden Administration's new, expensive Green New Deal mandates on housing. 

 

BACKGROUND

HUD and USDA have mandated that new homes be built in accordance with the 2021 International Energy Conservation Code (IECC). The National Association of Home Builders (NAHB) has released studies showing that these mandates can add up to $31,000 to the price of a new home. They also estimate that it would take home buyers up to 90 years to see a financial return on that up front cost. This price increase, combined with the already high housing costs, will make it even harder for young families to purchase their first home. HUD and USDA are supposed to protect American homeowners and renters—not price them out of the housing market.

The Helping Owners with Unaffordable Shoddy Edicts Act of 2024, or the HOUSE Act, will help to protect Americans from the Biden Administration’s senseless nationwide Green New Deal mandates. If Biden’s regime decides to work against the American people, Congress must step in.

Click here to read the full bill text. 

Daily Caller:

 

House Administration Subcommittee on Oversight Chairman Barry Loudermilk intends to file an amicus brief Wednesday with the Supreme Court and also file a resolution in the House that would invalidate the Jan. 6 Select Committee’s report against former White House Chief Strategist Bannon, the Daily Caller has first learned.

 

Loudermilk states that House rules required the Jan. 6 Select Committee to consult with the “Ranking Member of the Minority” to take a deposition, which was not possible as there was no Republican Ranking Member on the Select Committee. The Jan. 6 Select Committee held Bannon in contempt for “failing to appear for a deposition” which the Select Committee could not conduct because there was no ranking member to notify, Loudermilk’s office told the Caller.

 

READ MORE

The Hill:

 

Rep. Barry Loudermilk (R-Ga.), in conjunction with the Trump-aligned America First Legal, filed an amicus brief Wednesday in support of Steve Bannon’s Supreme Court emergency appeal.

It is the latest show of support for Bannon from top House Republicans as he fights his contempt of Congress conviction, following top House GOP leaders saying they will also file a legal brief in support of Bannon’s appeal efforts.

READ MORE

Townhall: 

 

Earlier this month, as we covered in an exclusive sneak peak, Sen. James Lankford (R-OK) was joined by over a dozen Republican colleagues to reintroduce the Conscience Protection Act. Rep. Jim Banks (R-IN) is now introducing companion legislation in the House. Such a bill would prevent the government from punishing or discriminating against health care entities, including workers and insurance plans, that do not perform abortions.

 

The House version of the bill includes 36 cosponsors, including Reps. Alex Mooney (R-WV), Doug LaMalfa (R-CA), Dan Crenshaw (R-TX) Mary Miller (R-IL), Ashley Hinson (R-IA), Robert Aderholt (R-AL), Jack Bergman (R-MI), Don Bacon (R-NE), Tim Burchett (R-TN), Brad Finstad (R-MN), Jeff Duncan (R-SC), Virginia Foxx (R-NC), Paul Gosar (R-AZ), David Kustoff (R-TN), Clay Higgins (R-LA), Debbie Lesko (R-AZ), John Moolenaar (R-MI), Tim Walberg (R-MI), Lance Gooden (R-TX), Kelly Armstrong (R-ND), Randy Weber (R-TX), Randy Feenstra (R-IA), Mike Waltz (R-FL), Adrian Smith (R-NE), Doug Lamborn (R-CO), Blaine Luetkemeyer (R-MO), Barry Loudermilk (R-GA), Scott Fitzgerald (R-WI), William Timmons (R-SC), Bill Posey (R-FL), John Rutherford (R-FL), Greg Pence (R-IN), Daniel Webster (R-FL), Michael Guest (R-MS), Stephanie Bice (R-OK), and Tracey Mann (R-KS). 

 

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