The polarizing longtime Trump ally has always been at the top of the Jan. 6 witness list for House investigators. But Justice Department prosecutors say the lawsuit is intended to punish Bannon for not complying with subpoenas, rather than compel him to share information. The case is a major test of what power Congress has when a witness evades a House subpoena. Bannon’s is the first of two similar House select committee subpoena cases to go to trial. a contempt case against former White House trade adviser Peter Navarro is still in its early stages. Bannon’s trial is also of particular importance to the House panel as it continues negotiations to bring additional witnesses and as it prepares for a lengthy hearing Thursday night aimed at focusing what panel members called the “dereliction of duty ” by former President Donald Trump in January. 6. Prosecutors have vowed that their case against Bannon will be presented briefly, in just a few days, with only two or three prosecution witnesses. This list includes House committee investigators. It is unknown how extensive Bannon’s defense will be or whether he will want to take a stand to defend his own position. He will not be able to compel members of the House to testify, the judge said. Early in the case, Bannon vowed to make the process “the trial from hell for (Attorney General) Merrick Garland, (House Speaker) Nancy Pelosi and (President) Joe Biden.” But at a recent court hearing, his defense attorney David Schoen complained: “What’s the point of going to trial here if there’s no defense?” Bannon — who was pardoned by Trump at the 11th hour in 2021 as he faced wire fraud and money laundering charges in Manhattan federal court related to a border fund-raising scheme — has made a number of attempts in court in recent days to halt the trial, build more of a defense or prepare for possible appeals. So far, U.S. District Judge Carl Nichols has overwhelmingly sided with the Justice Department on the evidence the review can hear. committee, ruling out Bannon’s ability to try to defer to advice given to him by his lawyer or to use internal DOJ policies on presidential advisers that he hoped could protect him. In recent weeks, Trump has indicated he wants to waive any executive privilege that might apply to Bannon, and Bannon has suggested he might be interested in talking to the House committee — a set of events Bannon’s team now wants to try to show the jury. But his ability to make executive privilege arguments will be, at best, severely limited. Bannon was not a government official during the period the committee is investigating. A federal judge indicted the right-wing figure in November on two counts of criminal contempt — one for failing to testify as demanded by a House select committee subpoena in the fall and the other for failing to produce documents. A key issue in the trial will be whether the jury agrees with prosecutors and the House that Bannon’s October subpoena deadlines were final and that he deliberately ignored them. Both charges he faces are misdemeanors. But if convicted, each faces a mandatory minimum of 30 days in jail. Bannon was one of the first potential witnesses on Jan. 6 that the House committee called — and he is one of the few people the committee despises. The committee said it wanted to obtain his documents and ask him questions because Bannon has been in contact with Trump, was in the so-called war room of Trump allies at the Willard Hotel in Washington as the riots unfolded and made a prediction on his podcast before. the commotion that “upon hell” was about to “burst.” “In short, Mr. Bannon appears to have played a multifaceted role in the events of January 6, and the American people deserve to hear his firsthand testimony about his actions,” the House committee said in its report. a contempt resolution against Bannon. When Bannon faced deadlines in October, his lawyer Robert Costello told the committee Bannon would not cooperate with the investigation because of Trump’s instructions that he should, “where appropriate, invoke any immunities and privileges he may have.” . criminal investigators interviewed Costello, as well as a Trump lawyer, Justin Clark, to build their case. According to the description of Clark’s statements, he told Costello Trump that he could not protect Bannon from completely failing to comply with the subpoenas. Ahead of Bannon’s trial, the House committee has detailed him in some of its public presentations. In a hearing last Tuesday, the committee released White House phone logs that showed Bannon and Trump spoke twice on Jan. 5, 2021, including once before Bannon made his predictions for the next day on the podcast. The commission has scheduled another hearing for the premiere Thursday afternoon. Depending on the pace of proceedings in DC federal court, and the length of his defense and jury deliberations, Bannon’s trial could be over by then.


title: “Bannon S Trial Set To Begin For Failure To Comply With Jan. 6 Committee Subpoenas " ShowToc: true date: “2022-10-28” author: “Mary George”


The polarizing longtime Trump ally has always been at the top of the Jan. 6 witness list for House investigators. But Justice Department prosecutors say the lawsuit is intended to punish Bannon for not complying with subpoenas, rather than compel him to share information. The case is a major test of what power Congress has when a witness evades a House subpoena. Bannon’s is the first of two similar House select committee subpoena cases to go to trial. a contempt case against former White House trade adviser Peter Navarro is still in its early stages. Bannon’s trial is also of particular importance to the House panel as it continues negotiations to bring additional witnesses and as it prepares for a lengthy hearing Thursday night aimed at focusing what panel members called the “dereliction of duty ” by former President Donald Trump in January. 6. Prosecutors have vowed that their case against Bannon will be presented briefly, in just a few days, with only two or three prosecution witnesses. This list includes House committee investigators. It is unknown how extensive Bannon’s defense will be or whether he will want to take a stand to defend his own position. He will not be able to compel members of the House to testify, the judge said. Early in the case, Bannon vowed to make the process “the trial from hell for (Attorney General) Merrick Garland, (House Speaker) Nancy Pelosi and (President) Joe Biden.” But at a recent court hearing, his defense attorney David Schoen complained: “What’s the point of going to trial here if there’s no defense?” Bannon — who was pardoned by Trump at the 11th hour in 2021 as he faced wire fraud and money laundering charges in Manhattan federal court related to a border fund-raising scheme — has made a number of attempts in court in recent days to halt the trial, build more of a defense or prepare for possible appeals. So far, U.S. District Judge Carl Nichols has overwhelmingly sided with the Justice Department on the evidence the review can hear. committee, ruling out Bannon’s ability to try to defer to advice given to him by his lawyer or to use internal DOJ policies on presidential advisers that he hoped could protect him. In recent weeks, Trump has indicated he wants to waive any executive privilege that might apply to Bannon, and Bannon has suggested he might be interested in talking to the House committee — a set of events Bannon’s team now wants to try to show the jury. But his ability to make executive privilege arguments will be, at best, severely limited. Bannon was not a government official during the period the committee is investigating. A federal judge indicted the right-wing figure in November on two counts of criminal contempt — one for failing to testify as demanded by a House select committee subpoena in the fall and the other for failing to produce documents. A key issue in the trial will be whether the jury agrees with prosecutors and the House that Bannon’s October subpoena deadlines were final and that he deliberately ignored them. Both charges he faces are misdemeanors. But if convicted, each faces a mandatory minimum of 30 days in jail. Bannon was one of the first potential witnesses on Jan. 6 that the House committee called — and he is one of the few people the committee despises. The committee said it wanted to obtain his documents and ask him questions because Bannon has been in contact with Trump, was in the so-called war room of Trump allies at the Willard Hotel in Washington as the riots unfolded and made a prediction on his podcast before. the commotion that “upon hell” was about to “burst.” “In short, Mr. Bannon appears to have played a multifaceted role in the events of January 6, and the American people deserve to hear his firsthand testimony about his actions,” the House committee said in its report. a contempt resolution against Bannon. When Bannon faced deadlines in October, his lawyer Robert Costello told the committee Bannon would not cooperate with the investigation because of Trump’s instructions that he should, “where appropriate, invoke any immunities and privileges he may have.” . criminal investigators interviewed Costello, as well as a Trump lawyer, Justin Clark, to build their case. According to the description of Clark’s statements, he told Costello Trump that he could not protect Bannon from completely failing to comply with the subpoenas. Ahead of Bannon’s trial, the House committee has detailed him in some of its public presentations. In a hearing last Tuesday, the committee released White House phone logs that showed Bannon and Trump spoke twice on Jan. 5, 2021, including once before Bannon made his predictions for the next day on the podcast. The commission has scheduled another hearing for the premiere Thursday afternoon. Depending on the pace of proceedings in DC federal court, and the length of his defense and jury deliberations, Bannon’s trial could be over by then.