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House Holds Dan Scavino in Contempt of Congress for Defying January 6 Committee Subpoena (2022); DOJ Declines to Prosecute

The Select Committee subpoenaed Scavino three times in 2021 over his role in planning and promoting the January 6, 2021 rally and related communications. His lawyer declined to comply without further explanations and cited executive privilege litigation. The House found him in contempt; he was never charged.

Record summary

Grade

Outside the grading scale: Pre-Office Conduct

International crime

Pre-office conduct — outside the official-power scale

Conduct from before office: Donald Trump’s before the June 2015 campaign launch, and an administration official’s before their first appointment or between terms. Scale and definitions

Status
Concluded
Legal status
Official finding
Incident date
Record updated
Location
Washington, D.C.
Category
Rule of Law
Legal posture
Documented
Verification
Cross-referenced
Sources
5 cited
Stable ID
dan-scavino-house-contempt-of-congress-2022
Posture note
Contempt of Congress finding by the full House (H. Res. 1037, 117th Cong., April 6, 2022, roll call 118, 220–203) on the Select Committee's report H. Rept. 117-284. Referred for prosecution; not charged. Conduct falls between his first-term and second-term service.
Alleged responsible parties
  • Dan Scavino, Former White House Deputy Chief of Staff for Communications (private citizen at the time)

Key points

  • The Select Committee issued subpoenas to Scavino dated September 23, 2021 (could not be served), October 6, 2021 (served October 8 at Mar-a-Lago) and November 23, 2021 (accepted by counsel)
  • The final subpoena set a document deadline of November 29, 2021 and a deposition on December 1, 2021; his lawyer declined to comply unless the committee explained the pertinence of each expected line of questioning
  • On April 6, 2022 the House adopted H. Res. 1037, 220–203, finding Navarro and Scavino in contempt and directing certification to the U.S. Attorney for the District of Columbia
  • NPR reported, citing two sources, that the Justice Department would not prosecute Scavino; legal experts it spoke to noted he had partially cooperated

What happened

After Trump's first term ended, the House Select Committee to Investigate the January 6th Attack on the United States Capitol sought documents and testimony from Dan Scavino, who had been White House deputy chief of staff for communications, including about his role in planning and promoting the January 6, 2021 rally. The committee issued three subpoenas in 2021. Through his lawyer, Scavino declined to produce documents or appear unless the committee detailed the pertinence of each expected question, and he cited the then-pending litigation over executive privilege.

  • Body: U.S. House of Representatives, on the Select Committee's report recommending contempt.
  • Finding: On April 6, 2022, the House adopted H. Res. 1037 by 220–203, finding Scavino (with Peter Navarro) in contempt of Congress for failing to comply with the subpoenas, and directing the Speaker to certify the matter to the U.S. Attorney for the District of Columbia under 2 U.S.C. §§ 192 and 194.
  • Outcome: Scavino was not charged. NPR reported on June 3, 2022, citing two sources, that the Justice Department would not prosecute him.
  • This is a congressional finding, not a court judgment.

Sources

  • H. Res. 1037, 117th Congress, as agreed to April 6, 2022.
  • Office of the Clerk, U.S. House of Representatives, Roll Call 118 (April 6, 2022).
  • House Select Committee to Investigate the January 6th Attack, report recommending contempt for Peter K. Navarro and Daniel Scavino, Jr. (H. Rept. 117-284).
  • Carrie Johnson, "DOJ declines to prosecute Mark Meadows, Dan Scavino as Navarro is indicted," NPR, June 3, 2022.

Update log

  1. Added for the Before Office record as between-terms conduct. Scavino served in the first administration from January 20, 2017 to January 20, 2021 and rejoined on January 20, 2025.

Sequence of events

  1. First subpoena

    The Select Committee issues its first subpoena to Scavino; it cannot be served.

  2. Final subpoena

    A third subpoena, accepted by counsel, sets a December 1, 2021 deposition.

  3. House contempt vote

    The House adopts H. Res. 1037, 220–203.

  4. No prosecution

    NPR reports the Justice Department will not prosecute Scavino.

Sources

  1. H. Res. 1037, 117th Congress (as agreed to by the House, April 6, 2022) — U.S. House of Representatives (via GovInfo)
  2. Roll Call 118, H. Res. 1037 — Office of the Clerk, U.S. House of Representatives
  3. Resolution Recommending That the House of Representatives Find Peter K. Navarro and Daniel Scavino, Jr., in Contempt of Congress (Select Committee report) — House Select Committee to Investigate the January 6th Attack on the United States Capitol
  4. H. Rept. 117-284, Resolution Recommending That the House of Representatives Find Peter K. Navarro and Daniel Scavino, Jr., in Contempt of Congress (March 29, 2022) — U.S. Government Publishing Office
  5. DOJ declines to prosecute Mark Meadows, Dan Scavino as Navarro is indicted — NPR

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