Bannon Convicted of Contempt for Defying January 6 Subpoena

He faces up to two years in federal prison when he’s sentenced on October 21. Each count carries a minimum sentence of 30 days in jail.

AP/Jose Luis Magana
The former White House strategist, Stephen Bannon, arrives at court at Washington, July 22, 2022. AP/Jose Luis Magana

WASHINGTON — Longtime Trump ally Stephen Bannon was convicted on Friday of contempt charges for defying a congressional subpoena from the House committee investigating the January 6 riot at the Capitol.

Mr. Bannon, 68, was convicted after a four-day trial in federal court at Washington on two counts: one for refusing to appear for a deposition and the other for refusing to provide documents in response to the committee’s subpoena. The jury of 8 men and 4 women deliberated for just under three hours.

He faces up to two years in federal prison when he’s sentenced on October 21. Each count carries a minimum sentence of 30 days in jail.

The committee sought Mr. Bannon’s testimony over his involvement in Mr. Trump’s efforts to overturn the 2020 presidential election. Mr. Bannon had initially argued that his testimony was protected by Mr. Trump’s claim of executive privilege. 

Yet the House panel and the Justice Department contend such a claim is dubious because Mr. Trump had fired Bannon from the White House in 2017 and Mr. Bannon was thus a private citizen when he was consulting with the then-president in the run-up to the riot on January 6, 2021.

Mr. Bannon’s lawyers tried to argue during the trial that he didn’t refuse to cooperate and that the dates “were in flux.” They pointed to the fact that Mr. Bannon had reversed course shortly before the trial kicked off — after Mr. Trump waived his objection — and had offered to testify before the committee.

In closing arguments Friday morning, both sides re-emphasized their primary positions from the trial. The prosecution maintained that Mr. Bannon willfully ignored clear and explicit deadlines, and the defense claimed Mr. Bannon believed those deadlines were flexible and subject to negotiation.

Mr. Bannon was served with a subpoena on September 23 last year ordering him to provide requested documents to the committee by October 7 and appear in person by October 14. Mr. Bannon was indicted in November on two counts of criminal contempt of Congress, a month after the Justice Department received the House panel’s referral.

Mr. Bannon’s attorney, Evan Corcoran, told jurors Friday in his closing arguments that those deadlines were mere “placeholders” while lawyers on each side negotiated terms.

Mr. Corcoran said the committee “rushed to judgment” because it “wanted to make an example of Steve Bannon.”

Mr. Corcoran also hinted that the government’s main witness, the January 6 committee chief counsel, Kristin Amerling, was personally biased.  Ms. Amerling admitted on the stand that she is a lifelong Democrat and has been friends with one of the prosecutors for years. 

Mr. Corcoran also vaguely hinted that the signature of the January 6 committee chairman, Representative Bennie Thompson, looked different on the subpoena than on other letters but dropped that topic when the prosecution objected.

Prosecutors focused on the series of letters exchanged between the January 6 committee and Mr. Bannon’s lawyers. The correspondence shows Mr. Thompson immediately dismissing Mr. Bannon’s claim that he was exempted by Mr. Trump’s claim of executive privilege and explicitly threatening Mr. Bannon with criminal prosecution.

“The defense wants to make this hard, difficult and confusing,” said Assistant U.S. Attorney Amanda Vaughn in her closing statement. “This is not difficult. This is not hard. There were only two witnesses because it’s as simple as it seems.”

The defense Thursday motioned for an acquittal, saying the prosecution had not proved its case. In making his motion for acquittal before District Judge Carl Nichols, Mr. Corcoran said that “no reasonable juror could conclude that Mr. Bannon refused to comply.”

Once the motion was made the defense rested its case without putting on any witnesses, telling Judge Nichols that Mr. Bannon saw no point in testifying since the judge’s previous rulings had gutted his planned avenues of defense. 

Among other things, Mr. Bannon’s team was barred from calling as witnesses Speaker Pelosi or members of the House panel. David Schoen said Mr. Bannon “understands that he would be barred from telling the true facts.”


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