Skip to comments.Steve Bannon Has Strong Legal Grounds to get His J-6 Contempt Conviction Tossed
Posted on 10/24/2022 4:16:10 AM PDT by McGruff
Even U.S. district court judge Carl Nichols recognizes that Bannon’s contempt conviction is likely to get tossed out, which is why he took the extraordinary step of issuing a stay of sentence pending appeal.
When Bannon was subpoenaed by the J-6 Committee, Trump’s lawyer sent him a letter stating that the president invoked executive privilege and therefore directed him not to testify. Trump holds the privilege, not Bannon. Under law, Bannon cannot waive it or violate it. So, on advice of his own counsel, Bannon declined to testify. It was the correct advice.
But at trial, Judge Nichols applied the wrong standard on “willful” defiance of a subpoena. He relied on an outdated 61-year-old DC circuit court case (Licavoli v. U.S., 1961) that was based on a Supreme Court decision that was later repudiated by the high court and overturned. The correct standard, as the Supreme Court has since enunciated, is that prosecutors must show that the defendant knew his actions were unlawful. But if a defendant believes his response to the subpoena is lawful, then he cannot be convicted.
Here, Bannon relied on advice from his lawyer that he could not testify because of executive privilege.
(Excerpt) Read more at thegreggjarrett.com ...
Doesn’t matter at all.....Republicans go to JAIL......period!
Things we are never told in old media coverage of the case.
Show Trials are intended to show us who the Boss is.
If it is true there is compelling reason to believe the judge so recognizes, perhaps he was simply concerned about his and his family's safety in D.C.
If the Judge has this knowledge, why didn’t he throw it out?
Bannon has the resources to fight an appeal. What about the rest of us Schmucks? Prisoners from the “insurelection” are being bankrupted...
When Bannon finally wins this case, the results will be on the back of the “help wanted” ads, that no one is reading anymore! They will shade, suppress, and ignore this more than Hunter’s laptop!
Our good ol’ ENEMEDIA will not allow this to be in the cycle very long - period!
Good. Maybe they can get one of the J6 paneleers to do the time in jail.
Time in jail? Lizzy?
When the GOP wins the house the J6 committee should subpoena every J6 political prisoner/defendant for their story, their violation of basic and constitutional rights and and tell their experiences about the DC Gulag. Then recommend pardons for the worthy.
Sounds good to me.
‘It’s DC, Jake.’
Page 12, note 1: "At the hearing, the Government argued that the equitable concept of “unclean hands” bars Plaintiff from moving under Rule 41(g), citing United States v. Howell, 425 F.3d 971, 974 (11th Cir. 2005) (“[I]n order for a district court to grant a Rule 41(g) motion, the owner of the property must have clean hands.”). Howell involved a defendant who pled guilty to conspiring to distribute cocaine and then sought the return of $140,000 in government-issued funds that were seized from him following a drug sale to a confidential source. Id. at 972–73. That case is not factually analogous to the circumstances presented and does not provide a basis to decline to exercise equitable jurisdiction here. Plaintiff has not pled guilty to any crimes; the Government has not clearly explained how Plaintiff’s hands are unclean with respect to the personal materials seized; and in any event, this is not a situation in which there is no room to doubt the immediately apparent incriminating nature of the seized material, as in the case of the sale of cocaine." -- Federal District Judge Aileen Cannon
SOOO, if he beats the rap can he sue? If so it should be a hoot to watch.
I would say it does not matter, they’re saying Bannon, one of Trumps close allies, has been convicted of a crime. That’s what matters to them. Jail time is gravy.
Best idea I have heard in a very long time.
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