One of the contempt charges Bannon face is for not handing over documents to the Jan 6th committee. Why can't they just issue search warrants for every location remotely-associated with Bannon and get them themselves? Why do they need Bannon to turn them over?
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First, let's be clear about who "they" is. Neither Congress nor the Department of Justice has the power to issue search warrants by themselves. Search warrants are issued by judges, upon a showing of probable cause by the prosecution.
In particular, search warrants can only be issued in criminal investigations. Federal Rules of Criminal Procedure, Rule 41c:
(c) Persons or Property Subject to Search or Seizure. A warrant may be issued for any of the following:
(1) evidence of a crime;
(2) contraband, fruits of crime, or other items illegally possessed;
(3) property designed for use, intended for use, or used in committing a crime; or
(4) a person to be arrested or a person who is unlawfully restrained.
I don't think Bannon's documents fit any of those criteria at this time. The Congressional investigation is not a criminal investigation, and I'm not aware that it's currently being alleged that the documents contain evidence of a crime.
Bannon himself is charged with a crime - contempt of Congress - but the actual content of the documents isn't relevant evidence in that case. As I understand it, the prosecution only has to prove that the subpoena was properly issued, and that Bannon failed to respond to it, which latter I don't think is disputed. What is actually in those documents, or indeed whether they even exist, is immaterial to his guilt or innocence on that charge.
Nate Eldredge
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