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Judge deals blow to Steve Bannon by saying he can't use his lawyers claim that he could defy his January 6 subpoena because of executive privilege
Daily Mail ^ | April 6, 2022 | Rob Crilly

Posted on 04/06/2022 7:58:04 PM PDT by Macho MAGA Man

Steve Bannon suffered a setback ahead of his criminal trial when a judge on Wednesday ordered that he could not tell jurors he relied on advice from lawyers when he defied a subpoena to answer questions about the January 6 violence before Congress.

He was charged with two counts of contempt of Congress for refusing to provide documents and testimony to lawmakers investigating the attack on the Capitol by Trump supporters.

Bannon's lawyers argued in a February filing that he had acted in good faith, based on the advice of veteran defense attorney Robert Costello, that he could not give evidence unless the Jan. 6 committee brokered a deal with Trump or convinced a federal court to agree to waive executive privilege.

'The government alleges that Mr. Bannon committed a crime,' his lawyers said

'Every act that they intend to rely upon as proof involved Mr Bannon's reliance upon legal advice.'

But on Wednesday, U.S. District Court Judge Carl Nichols, who was appointed by Donald Trump, nixed the defense.

He ruled that the 'advice of counsel' defense cannot be used in contempt of Congress cases, citing a 1961 ruling by the U.S. Court of Appeals that said what mattered was the fact that the defendant intentionally defied a subpoena.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: 1621; 55to43; carljnichols; carlnichols; dcdistrict; federalistsociety; january6; stevebannon; trump; trumpjudge
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Wow! This ruling was by a Trump appointed judge. I hope Steve's defense lawyers can figure out a way to put maneuver this setback.
1 posted on 04/06/2022 7:58:04 PM PDT by Macho MAGA Man
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To: Macho MAGA Man

I meant outmaneuver this setback.


2 posted on 04/06/2022 7:59:09 PM PDT by Macho MAGA Man
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To: Macho MAGA Man

When was the last time a Democrat was prosecuted for contempt of Congress?


3 posted on 04/06/2022 8:05:21 PM PDT by Petrosius
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To: Petrosius

Wasn’t Obama’s AG Holder held in contempt? I don’t remember if he was prosecuted or not.


4 posted on 04/06/2022 8:09:44 PM PDT by Macho MAGA Man
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To: Macho MAGA Man
The Hildabeast defense works best…”I do not recall”…”I have no recollection”.

Or a solid pleading the 5th amendment right against self incrimination.

5 posted on 04/06/2022 8:11:13 PM PDT by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
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To: Macho MAGA Man
"Wasn’t Obama’s AG Holder held in contempt? I don’t remember if he was prosecuted or not."

They don't prosecute Democrats in DC anymore. I think Marian Barry was the last one.

6 posted on 04/06/2022 8:12:20 PM PDT by Dogbert41 (Z)
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To: Macho MAGA Man

His lawyers are correct on this one. The case the judge cites does not involve executive privilege of a president of the United States. It involved a mafia boss that refused to show up to a hearing. There are separation of powers issues here.


7 posted on 04/06/2022 8:12:32 PM PDT by TheCipher (I am a proud member of the LGBT (Let's Go Brandon Trolls ) community)
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To: Macho MAGA Man
"Wasn’t Obama’s AG Holder held in contempt? I don’t remember if he was prosecuted or not."

....... YUP .... For the Fast and Furious fiasco .... but he insisted that the whole charge was ... Yup .... “Politically Motivated” and ..... “Misguided”..... Which, of course, only holds water when it's a Democrat facing the charges ...

8 posted on 04/06/2022 8:16:40 PM PDT by R_Kangel ("A nation of sheep will beget a nation ruled by wolves")
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To: Macho MAGA Man
I don't think an aide can assert executive privilege on behalf of the president. Only the president can assert executive privilege to keep an aide from discussing an executive conversation with an outside branch.

Besides, Bannon was out of office long before the Jan. 6 incident happened, so I don't know what would be privileged about him.

-PJ

9 posted on 04/06/2022 8:20:05 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Macho MAGA Man

It seems to me that the problem lies with Bannon’s lawyers. There is a ton of Executive Privilege precedent, but they chose to use the precedent of the case against a *mobster*.

While it might be technically closest, it has the “appearance” of criminality, and they should have been afraid that it would stain their client.


10 posted on 04/06/2022 8:21:49 PM PDT by yefragetuwrabrumuy ("Oh bother", said Pooh as he chambered his last round.)
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To: Macho MAGA Man
"Wasn’t Obama’s AG Holder held in contempt? I don’t remember if he was prosecuted or not."

He was in charge of the DOJ at the time. That's why nothing was ever done. He wasn't about to call a Grand Jury to indict himself.

11 posted on 04/06/2022 8:24:02 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: Macho MAGA Man

The Jan 6th Commission is our very own Committee of Public Safety of the French Revolution


12 posted on 04/06/2022 8:31:41 PM PDT by Flick Lives (The CDC. Brought to you by Pfizer)
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Where is the investigation about what happened to the WMDs in Iraq?


13 posted on 04/06/2022 8:32:22 PM PDT by TakebackGOP
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To: yefragetuwrabrumuy

I see what you’re saying.


14 posted on 04/06/2022 8:32:27 PM PDT by Macho MAGA Man
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To: Macho MAGA Man

“Carl John Nichols is a United States District Judge of the United States District Court for the District of Columbia.”

The DC District is totally corrupt.


15 posted on 04/06/2022 8:32:43 PM PDT by Paladin2
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To: Macho MAGA Man

When is Eric Holder going to be tried criminally for his contempt of Congress?


16 posted on 04/06/2022 8:33:14 PM PDT by TigersEye (Is it time for a general strike yet?)
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To: Macho MAGA Man

Isn’t the defense attorney due “discovery” rights?
What better way to find the workings in all the hanky-panky
we see being asserted?


17 posted on 04/06/2022 8:36:45 PM PDT by V K Lee (Our CONSTITUTION. Written with DIVINE assistence by very wise men. A document unlike any other.)
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To: All
Justice Department shields Holder from prosecution after contempt vote December 23, 2015
18 posted on 04/06/2022 8:37:47 PM PDT by TigersEye (Is it time for a general strike yet?)
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To: V K Lee

I had thought that was the strategy Bannons lawyers were going to use. Matter of fact, I think I explicitly remember it on his show.


19 posted on 04/06/2022 8:46:00 PM PDT by Macho MAGA Man
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To: Deaf Smith
said, "The Hildabeast defense works best…”I do not recall”…”I have no recollection”."

"All you have to do is deny" -bill clinton to Lewinsky
20 posted on 04/06/2022 9:14:12 PM PDT by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
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