united-states subpoena warrant
Why don&#39;t they just issue search warrants for Steve Bannon&#39;s documents?
<p>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?</p>

<p>First, let's be clear about who &quot;they&quot; 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.</p>
<p>In particular, search warrants can only be issued in <em>criminal</em> investigations.  <a href="https://www.law.cornell.edu/rules/frcrmp/rule_41" rel="noreferrer">Federal Rules of Criminal Procedure, Rule 41c</a>:</p>
<blockquote>
<p>(c) Persons or Property Subject to Search or Seizure. A warrant may be issued for any of the following:</p>
<p>(1) evidence of a crime;</p>
<p>(2) contraband, fruits of crime, or other items illegally possessed;</p>
<p>(3) property designed for use, intended for use, or used in committing a crime; or</p>
<p>(4) a person to be arrested or a person who is unlawfully restrained.</p>
</blockquote>
<p>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.</p>
<p>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.</p>
