Politics: Feds take issue with Steve Bannon's claims of too much pre-trial publicity and remind the judge that the longtime Trump ally was holding courthouse press conferences
Steve Bannon's unlikely criminal trial: First of its kind in almost 40 years
No one has been prosecuted for contempt of Congress since 1983. But Steve Bannon, like his former boss, is unique Former White House Chief Strategist Steve Bannon leaves the United States District Court House on the first day of jury selection in his trial for contempt of Congress, on July 18, 2022 in Washington, DC.
Prosecutors made sure a judge knew about Steve Bannon's daily press conferences during his trial.
Bannon called the House January 6 hearings a "show trial" and said he stood with Donald Trump.
The filing from prosecutors appeared intended to undercut a portion of Bannon's expected appeal.
As his trial on criminal contempt of Congress charges drew near, Steve Bannon tried to stave off the high-profile proceeding by pointing to the publicity surrounding the congressional panel he stood accused of defying: the House committee investigating the January 6, 2021, attack on the Capitol.
Steve Bannon's defense to begin in ex-Trump adviser's trial
WASHINGTON (AP) — Steve Bannon's lawyers are expected Thursday to begin their defense of the former adviser to then-President Donald Trump as Bannon's contempt of Congress trial enters a new phase. Bannon was in an unofficial capacity to Trump at the time of the insurrection on Jan. 6, 2021, and is charged with defying a congressional subpoena from the House committee investigating the aftermath of the 2020 election and the events leading up to the deadly riot. It is unclear whether Bannon, 68, will take the stand or whom the defense might call as witnesses.
His lawyers argued repeatedly that the House committee's series of public hearings — combined with a CNN documentary aired the night before jury selection — created an atmosphere that jeopardized the fairness of Bannon's trial. As recently as Friday, when a jury found Bannon guilty after hardly three hours of deliberations, his defense lawyers notified the court of the House committee's mention of him the night before during a primetime hearing.
Steve Bannon on trial: Meet 8 key players in the Trump ally's criminal contempt of Congress case
Jury selection began Monday in the criminal trial of Steve Bannon on contempt of Congress charges.
Bannon has vowed to go "medieval," but several pre-trial rulings have left him almost defenseless.
Opening arguments and witness testimony are expected to begin Monday.
Wearing two black button-down shirts beneath a matching dark blazer, Steve Bannon strode into a federal courthouse in his signature double-collared style Monday to stand trial on contempt of Congress charges.
Steve Bannon found guilty of criminal contempt of Congress
Just as his fashion choice defied the July heat in Washington, DC, jury selection commenced in spite of Bannon's last-ditch attempts to delay the trial in light of the publicity surrounding the House committee investigating the January 6, 2021, attack.
Bannon has pledged to make his case the "misdemeanor from hell" for the Biden administration, and as his trial neared, he vowed on his podcast to go "medieval." But Bannon now is virtually defenseless following a string of pre-trial rulings that limited arguments his lawyers had hoped to raise.
The jurors ultimately seated for Bannon's case will hand down the verdict, but a broader cast — including lawyers, an FBI agent, and a veteran of former President Donald Trump's impeachment defense team — will shape the closely-watched proceedings. Here are the key players to watch.
A grand jury indicted Steve Bannon in November on a pair of contempt of Congress charges, just weeks after the House voted to recommend that the Justice Department prosecute him over his defiance of the nine-member panel investigating the January 6 attack on the Capitol.
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Fresh off of being convicted for contempt of Congress for defying a House Jan. 6 committee subpoena, Steve Bannon called for a new congressional panel to investigate the Capitol riot. Shrugging off his conviction, Bannon stressed that he has a "long appeals" process ahead of him and implored Republicans to ratchet up their ideological war with Democrats. He underscored how he believes a new congressional committee on Jan. 6 is needed to help get to the bottom of the intelligence failures that day. STEVE BANNON FOUND GUILTY OF CONTEMPT CHARGES "We need a commission or committee on January 6.
The formal referral came after Bannon blew off October deadlines to respond to a House subpoena seeking records and testimony. In the face of that subpoena, Bannon said his conversations with Trump were covered by executive privilege.
But legal experts noted that, by January 6, 2021, Bannon was years removed from his official role as White House chief strategist in the Trump administration. And even if his conversations with Trump were covered, legal experts said, Bannon would have still needed to appear before the committee and invoke privilege on a question-by-question basis.
Ahead of his trial, Bannon reversed course and said he would be willing to testify after all before the House January 6 committee. Bannon attributed his about-face to a recent letter from Trump waiving a purported claim of executive privilege.
Prosecutors dismissed the offer as a "last-ditch attempt to avoid accountability." But Nichols, the judge, has left open the possibility of allowing Bannon to raise his recent offer at trial.
Bannon's legal team said in a court filing that the former Trump advisor "will testify," but as with any criminal trial, the decision of whether to call the defendant to the stand is likely to come down to the last minute. If convicted, Bannon faces a maximum sentence of a year in prison and a fine of up to $100,000 on each of the two contempt of Congress charges.
Steve Bannon found guilty of contempt charges
Steve Bannon was found guilty of both contempt charges against him over his defiance of a House Jan. 6 committee subpoena. Leading up to the trial, Bannon had vowed to fight against the "misdemeanor from hell" and go "medieval on these people," but when time came for the trial, he ultimately opted not to testify or call on any witnesses in his defense. Charges for contempt entail between 30 days and one year in prison per charge. The decision comes after a mere three hours of deliberations.
A Trump appointee confirmed in 2019, Judge Carl Nichols was randomly assigned to Bannon's prosecution in November.
At first glance, Bannon might have appeared to hit the judge-drawing lottery in having a Trump appointee preside over his case. But Nichols, who already had a record ruling against Trump, quickly dispelled any such notion.
In April, Nichols ruled that Bannon could not argue that he was relying in good faith on his lawyer's advice when he defied the House January 6 committee. The decision removed a central pillar of Bannon's planned trial defense — and it was just the beginning.
As the trial drew near, Nichols repeatedly rejected Bannon's request to delay the proceeding in light of publicity around the House January 6 committee's series of public hearings. Nichols stood by that decision even after Bannon renewed his request last week, pointing to a CNN documentary that aired Sunday and footage the House January 6 panel played earlier in the week of the Trump ally predicting on January 5, 2021, that "all hell will break loose tomorrow."
A onetime Supreme Court clerk for Justice Clarence Thomas, Nichols was a partner at the law firm Wilmer, Cutler, Pickering, Hale and Dorr before his confirmation to the federal bench. Nichols previously served in the George W. Bush administration as a top official at the Justice Department, where he argued that the president's close advisors have "absolute immunity" and can ignore congressional subpoenas.
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In the final year of the Trump administration, Evan Corcoran was nearly recruited to join the Justice Department as the second-ranking official in the US attorney's office in Washington, DC.
Corcoran is now defending Bannon against that same federal prosecutor's office.
A former federal prosecutor, Corcoran joined Bannon's defense team in November. On Monday, he led the Bannon team's questioning of potential jurors, and he has spearheaded some of the defense arguments in pretrial hearings.
But Bannon's case is not the only high-profile prosecution that Corcoran is handling in connection with January 6.
Corcoran is also representing Michael Riley, a longtime Capitol police officer who was indicted on charges that he obstructed the Justice Department's investigation into the January 6 attack by contacting a rioter and encouraging him to remove social media posts placing him at the scene of the violence that day. Riley pleaded not guilty and resigned from the Capitol police force.
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David Schoen, defense lawyer
David Schoen emerged in early 2021 at the second impeachment trial of former President Donald Trump, where he delivered a spirited defense in arguments that were otherwise panned as meandering and ineffective.
At that trial, Schoen argued that the proceeding was unconstitutional because Trump was no longer in office. And he asserted that the trial, which centered on Trump's encouragement of supporters who overtook the Capitol, sought to undermine the former president's First Amendment rights to free speech.
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By the end of the year, Schoen emerged once more to defend Bannon against contempt of Congress charges. Schoen has brought his bombastic style as he's pressed, unsuccessfully, to delay the trial and call lawmakers as witnesses.
When a judge last week refused to delay the trial and handed down rulings that limited Bannon's defense, it was Schoen who asked in frustration: "What's the point of going to trial here if there are no defenses?" Bannon's lawyer David Schoen asked at a pre-trial hearing?"
Amanda Vaughn and Molly Gaston, assistant US attorneys
From the first weeks after Bannon's indictment, federal prosecutors made clear that they saw the case as simple.
"In our view, this is a very straightforward case about whether or not the defendant showed up," assistant US attorney Amanda Vaughn said at a court hearing last year. In court papers, she and another prosecutor said they expected the Justice Department to need just "one day of testimony"to prove Bannon's guilt.
The two prosecutors both bring experience with high-profile cases.
In 2018, Gaston handled the prosecution of former Obama White House counsel Greg Craig, who was found not guilty of misleading the Justice Department about his work for Ukraine while in private practice. The prosecutor spun off of Special Counsel Robert Mueller III's investigation into Russia's interference in the 2016 election.
Gaston was also among the prosecutors who weighed charges against Andrew McCabe, the onetime acting FBI director, in an investigation that centered on whether he lied to internal investigators about a media leak. In a February 2020 letter to McCabe's defense lawyers, Gaston and another top prosecutor in the US attorney's office said the decision not to bring charges came after "careful consideration."
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Donald Trump and his business are involved in at least a dozen significant investigations and lawsuits. Here's the latest on all of them.In November, Summer Zervos, who had accused Trump of sexual assault following her appearance on "The Apprentice," dropped her lawsuit against him before he was forced to sit for a deposition. At around the same time, a New York state judge dismissed a lawsuit from Michael Cohen seeking to have the Trump Organization reimburse his legal fees for work he did on Trump's behalf.
Vaughn and Gaston are also involved in the prosecution of former Trump advisor Peter Navarro, who was charged in June with contempt of Congress after defying the House January 6 committee. Navarro has pleaded not guilty and is set to stand trial in November.
Robert Costello, lawyer and trial witness for Bannon
After representing Bannon in his dealings with the House January 6 committee, Robert Costello joined his defense team as he faced contempt of Congress charges. Costello has since withdrawn as a lawyer from the case to pave the way for his next role: witness.
Bannon's defense lawyers plan to call Costello to the witness stand to testify about "his interactions with the Select Committee and Mr. Bannon."
It is unclear what trial strategy Bannon's lawyers will wring out of the several rulings limiting his defense. But Costello is likely to address to what extent he and Bannon believed the deadlines to respond to the subpoenas were moveable and open for negotiation.
Nichols has suggested that Bannon could argue that he understood the deadline to be "malleable."
In earlier court proceedings, the judge bristled at how the Justice Department seized Costello's email and phone logs as part of the investigation into Bannon. The search for those records inadvertently ensnared the records of others who share Costello's name.
At a hearing in March, Costello wryly introduced himself as the "actual Robert Costello they were looking for."
Kristin Amerling, deputy staff director and chief counsel of the House January 6 committee
Prosecutors plan to need just one day of testimony to prove Bannon's guilt, and they have identified two witnesses to make what they see as a simple, straightforward case.
Ahead of the trial, prosecutors said they plan to call Kristin Amerling, the House January 6 committee's deputy staff director and chief counsel, to "testify about the Committee's investigation, its issuance of a subpoena to the Defendant, and the Defendant's default."
Amerling joined the House January 6 committee in July 2021, with the panel's chair, Rep. Bennie Thompson, naming her as among the "professional, patriotic public servants" who would deliver a "comprehensive investigation into the attack, to find the facts and to prevent such an assault from ever again occurring."
In a previous stint in government, Amerling served as deputy general counsel at the Transportation Department, where she advised on congressional oversight and regulation. Before that, she was the chief counsel to the House Committee on Energy and Commerce and the House Committee on Oversight and Reform — a pair of panels with broad oversight.
"In these congressional roles," the House January 6 committee said, "she helped lead high-profile investigations into and oversight of the federal government's mismanagement of Hurricane Katrina, the War in Iraq, and the 2008 financial market meltdown."
But federal prosecutors said Thursday there was just one problem with that notice to Judge Carl Nichols: Bannon's lawyers left out how the Trump ally "himself generated" publicity not only in the buildup to trial but during the closely-watched weeklong proceeding.
In a three-page court filing, federal prosecutors effectively called Bannon out for daily press conferences he held outside of court following each day of his trial. Prosecutors also noted that Bannon personally promoted a CNN documentary about him, even as his lawyers argued that the hourlong show warranted a delay of his trial.
For instance, on July 15 — three days before jury selection began — "an advertisement for the CNN program was posted to the Gettr page of the Defendant's podcast, the War Room," prosecutors said, referring to a social media platform popular among conservatives.
Then, on the day the documentary was set to air, "the Defendant's personal Gettr account reposted an advertisement for the same CNN program," prosecutors said.
Video: Steve Bannon arrives at court for contempt trial (Reuters)
Bannon and his lawyers pledged to appeal his conviction outside court Friday. Their notice of the House January 6 committee's latest hearing was filed as part of an effort to preserve issues for that appeal, which is expected to address whether Nichols should have granted a delay in light of the publicity around the inquiry into the Capitol attack and former President Donald Trump's efforts to overturn the 2020 election.
The Justice Department's filing on Thursday appeared aimed at undercutting that element of Bannon's anticipated appeal.
In the weeks leading up to trial, Nichols made a series of rulings that prevented Bannon from raising a number of arguments in defense. Bannon went into trial virtually defenseless, disallowed from arguing that executive privilege excused his defiance or that he was merely following his lawyer's advice when he refused to comply with a subpoena from the House January 6 committee.
But Nichols did allow Bannon to raise his offer earlier this month — following months of stonewalling — to testify before the House January 6 committee after all. Bannon attributed the reversal to a letter he received from Trump purporting to waive executive privilege, which legal experts widely viewed as not applying to him, in part, because he was years removed from his role as White House chief strategist by the 2020 election and the January 6 attack on the Capitol.
Prosecutors noted in their court filing Thursday that Bannon discussed his "eleventh-hour" offer to testify on his podcast and urged listeners to pray for "our enemies" because "we're going medieval on these people, we're going to savage our enemies." And prosecutors provided Nichols with a brief highlight reel from Bannon's daily press conferences outside the courthouse after each day of trial proceedings.
On July 18, he called the House January 6 committee's hearings a "show trial."
On July 19, Bannon "complained that Committee Chair Rep. Bennie Thompson was not testifying in his trial, referred to another member of the Committee and another member of Congress by derogatory names, and accused the Committee of not investigating January 6 in good faith," prosecutors said.
On July 20, he again "called the Committee's work a 'show trial, the Moscow show trial of the 1930s,'" prosecutors said.
On July 21, they said, Bannon addressed legal issues in the case, including his executive privilege and advice-of-counsel arguments. "In addition," prosecutors said, "the Defendant again reiterated his public statement that had been entered into evidence the prior day: 'I stand with Trump and the Constitution.'"
Bannon is set to return to court for sentencing on October 21.
Read the original article on Business Insider
Donald Trump's docket: The latest on key cases and investigations facing the ex-president .
Donald Trump and his business are involved in at least a dozen significant investigations and lawsuits. Here's the latest on all of them.In November, Summer Zervos, who had accused Trump of sexual assault following her appearance on "The Apprentice," dropped her lawsuit against him before he was forced to sit for a deposition. At around the same time, a New York state judge dismissed a lawsuit from Michael Cohen seeking to have the Trump Organization reimburse his legal fees for work he did on Trump's behalf.