putting it into the house of representatives for a contingent election. >> steve bannon, after the house voted to do so, was held in criminal contempt of congress for refusing to participate in the subpoena. and he was referred to the justice department that criminal contempt of congress charge a week ago. is merrick garland, the attorney general, dragging his feet on whether or not to formally charge bannon? >> well, jake, they have obviously got their process. they've got to run their traps on all of the guidelines for deciding on a criminal prosecution in a case like that. we think it's an open and shut case. we subpoenaed steve bannon to come here to bring documents with him. and to submit to an interview. he simply didn't show up. now in the united states, you've got the power to invoke your privilege against self-incrimination. you can say that might incriminate me. i might have committed a crime. i'm not going to speak about it. that's fine. but you at least have to come