Posted on 07/12/2022 9:26:26 AM PDT by Red Badger
Trump White House aide’s bid to delay case due to Jan. 6 panel hearings is denied.
A federal judge on Monday eviscerated nearly all of Steve Bannon’s defenses against a charge that he criminally defied a subpoena from the Jan. 6 select committee, leaving the longtime Donald Trump ally with few options to fight the contempt of Congress case against him.
U.S. District Judge Carl Nichols also denied Bannon’s bid to postpone for three months the jury trial set to open next Monday, rejecting defense arguments that such a delay was warranted due to intense media coverage around the ongoing House hearings on the Capitol siege. Bannon’s attorneys contended Trump’s sudden move to abandon executive privilege claims for Bannon should also spark a delay, but the judge rejected that as well.
The Trump-appointed judge said thorough questioning of potential jurors could almost certainly resolve potential prejudice. And if it couldn’t, Nichols added, he would revisit the issue after jury selection.
After a two-and-a-half-hour hearing which Bannon elected not to attend, Nichols returned to the bench Monday afternoon to spend nearly an hour delivering oral rulings that left the defense case in tatters. Bannon’s legal team appeared flummoxed by the result.
Former White House strategist Steve Bannon speaks with reporters after departing federal court. INSURRECTION FALLOUT
“What’s the point in going to trial here if there are no defenses?” attorney David Schoen declared in court after Nichols wound up his rulings from the bench.
The judge’s orders seem to ensure that a high-profile trial of one of Trump’s closest allies in his effort to subvert the 2020 election will move forward at a rapid clip. The Justice Department has estimated it could put on the prosecution case in a single day. Bannon’s team initially estimated it could take two weeks to air a defense, however, Nichols on Monday also cut off nearly every avenue of Bannon’s proposed defenses, ruling them irrelevant to the alleged crime against him.
The judge picked apart Bannon’s claim that his decision to stonewall the select committee in October was justified — either due to his position as a former White House adviser to Trump or because of internal Justice Department memos describing limitations on congressional subpoenas.
Nichols said Bannon would not be permitted to argue that executive privilege excused his decision to completely defy the select committee subpoena. Nichols also rejected Bannon’s effort to subpoena Speaker Nancy Pelosi and members of the Jan. 6 select committee.
During arguments before the judge ruled, House Counsel Douglas Letter said the attempt to pull in Pelosi, panel Chairman Bennie Thompson (D-Miss.) and others was a stunt.
“It seems clear that Mr. Bannon’s trying to turn this into some kind of political circus that cannot be allowed,” Letter said.
Nichols agreed that the Constitution’s protections for federal lawmakers prohibit Bannon trying to subpoena House officials and question them about their motives.
“The language of the speech or debate clause is absolute,” the judge said. “The speech and debate clause bars such testimony.”
After Nichols was done, the only clear defense remaining was whether Bannon simply misunderstood the due date of Congress’ subpoena, or was misinformed by his attorney about the deadline.
The judge said it was still possible he might allow some testimony or evidence about recent developments involving Trump, Bannon and the House panel, if they supported an argument by Bannon that he believed the stated return date on the subpoena last October was really the opening bid in some kind of negotiated process that didn’t immediately require his compliance.
The select committee subpoenaed Bannon in September for testimony and documents related to his involvement in Trump’s effort to overturn the 2020 election on Jan. 6, 2021. Bannon participated in a “war room” at the Willard Hotel where key Trump allies strategized efforts to prevent the transition of power to Joe Biden, and he has acknowledged developing a strategy for Republican members of Congress to challenge the election results.
Bannon refused to appear by an October 19, 2021 subpoena deadline, leading the House to refer him for contempt of Congress prosecution. Less than three weeks later, the Justice Department charged Bannon with two criminal misdemeanor counts of contempt, one for refusing to testify, the other for refusing to supply documents.
Bannon embraced the case against him with his usual pugilistic style, promising to make it the “misdemeanor from hell” for the Justice Department and Congress. He told reporters he relished the opportunity to force members of Congress to take the stand in his trial — a prospect that was always unlikely and has now been taken off the table.
Bannon and Trump threw a wrench into the process over the weekend when Trump declared that he would “waive” any claim of executive privilege over Bannon’s testimony. But it’s unclear whether Trump has the authority to assert privilege as a former president, and whether he had actually done so for Bannon.
Schoen argued Monday that Bannon acted consistently with longstanding Justice Department legal opinions on executive privilege.
“The courts and the Justice Department have treated executive privilege as unique. They created this idea that you don’t even have to appear” when executive privilege is raised, the defense attorney said. “It’s different from every other kind of privilege.... Executive privilege changes the ball game on every level.”
However, Nichols said Bannon and his attorneys were cobbling together portions of various different opinions–none of which squarely applied to Bannon, who had been gone from the White House for years by January 2021. They also did not deal with privilege claims by a former president unsupported by a current one, Nichols noted, adding that Trump also “never instructed Mr. Bannon not to show up altogether.”
I think you will see Bannon testify to the 1/6 committee, that’s if they still want him. Trump waived executive privilege for Bannon and Navarro a couple days ago. There’s the go ahead from Trump for Bannon to testify. If you want to see a circus, have either Bannon or Navarro in a prime time hearing. The ratings will go thru the roof. I hope the 1/6 commission is so arrogant to do that. They will be crushed. Bannon isn’t a 20-something lying ditz.
That’s it. The fix is in. They will jail Bannon mark my words. DC is corrupt and should be labeled the Germany Berlin of Hitler’s main capital in the USA! I never thought our nation would stoop this low. But it’s reality and my hearts desire would be that Russia or China would nuke the hell out of DC once and for all ...let’s get it over with. It’s infested with evil demonic swamp cockroaches with devious evil cancerous hearts and greedy power hungry antiGod POS! People like us, lowly peasants don’t stand an effin chance surviving a court hearing in DC. Nuke the MFer to kingdom come once and for all!
We’ll see where this “judge” and prosecutor are on January 21, 2023. As well as the members of the “committee”.
You cannot have a fair jury trial in Washington DC where 90% of the inhabitants are hardcore, raving democrats.
One thing is certain, Bannon and MAGA will be getting revenge against the cabal of coup plotters, on November 8th. Whether the revenge is blood-soaked or not remains to be seen.
I do not want any more wars. However, if one searches the BIOS of these pukes in power, many of them worked for the State Department.
I do not want any more wars. However, if one searches the BIOS of these pukes in power, many of them worked for the State Department.
I read that Pres Trump waived the Executive Privilege and Bannon said he was going to testify.
Bannon wasn’t even affiliated with the President at that point. More fishing by Thompson and Cheney. And they’ll get nothing.
Way to insure a kangaroo court
Because democracy is entirely unsuitable for unethical (like democrat partisans) people.
I wonder if Bannon even has anything to hide.
The guy makes it his business to know A LOT, between his talk show(s) and his involvement in the political world, I wouldn’t be surprised if he can run citation circles around this committee. If I was him I’d get on my stump and preach. Let them pound their gavels.
That’s exactly what this whole sham is.
I wouldn’t be surprised if he can run citation circles around this committee.....
In other words....Thompson, Cheney, Schiff, Kinzinger, et al, be careful what you wish for. It just might boomerang right back at ya.
The interesting thing will be if they want it done behind closed doors. If Bannon says, NO, I doubt they’ll want to do it. Because I’m thinking he has some bombs to drop. If they ask him a question he has to be allowed to answer it. And they might not like or want to the public to hear his answer.
The judge picked apart Bannon’s claim that his decision to stonewall the select committee in October was justified — either due to his position as a former White House adviser to Trump or because of internal Justice Department memos describing limitations on congressional subpoenas.
Nichols said Bannon would not be permitted to argue that executive privilege excused his decision to completely defy the select committee subpoena. Nichols also rejected Bannon’s effort to subpoena Speaker Nancy Pelosi and members of the Jan. 6 select committee.
Wow. This isn't justice.
This is soviet.
How are you getting that from this article?
Bannon’s going to the courts to try thwart the legislature.
They have subpoena power. It’s up to them whether they want the testimony to be public or private, and this ruling indicates there’s very little Bannon can do about it.
Bluster is the currency of talk media, but at some point this legal stuff becomes real.
I’m sure this judge is perfectly objective
Another deep state judge courtesy of the Federalist Society. Ivy League elitist POS.
I can’t wait for the 2nd Trump administration when Eric Holder gets arrested, put in leg irons and perp walked to solitary confinement for contempt of Congress.
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