Topline
A federal judge on Wednesday rejected former White House chief strategist Steve Bannon’s motion to dismiss an indictment charging him with two counts of contempt of Congress for failing to comply with a subpoena issued by the House committee investigating the January 6 riot at the Capitol.
Steve Bannon, adviser to former President Donald Trump, arrives to the E. Barrett Prettyman U.S. … [+]
Key Facts
Bannon’s attorneys argued that former President Trump asserted executive privilege to block Bannon from testifying, and that Justice Department opinions gave him immunity from having to testify before the committee, claiming he therefore did not commit a crime.
U.S. District Court Judge Carl Nichols, a Trump appointee, rejected the claims, saying Bannon’s legal team did not provide enough evidence to show that either claim protected him from testifying, according to multiple reports from the courtroom.
Bannon was subpoenaed by the committee in September, and claimed at the time he could not testify before Congress because the information is protected by executive privilege–even though he was not a member of the administration on January 6, 2021.
The House voted to hold Bannon in contempt in October, and the Department of Justice indicted him on the contempt charges in November.
If convicted of both charges, Bannon faces up to two years in prison and a fine of up to $2,000.
David Schoen, an attorney for Bannon, said in a statement to Forbes Nichols “came in well prepared, showed his familiarity with the issues and entered his decision as he deemed appropriate,” and that his legal team looks forward to preparing for the trial.
Key Background
The January 6 committee accused Bannon of playing a role in the Capitol riot by backing Trump’s unfounded claims of voter fraud and meeting with other Trump allies in the week leading up to the attack. Nichols’ decision comes as the committee is making portions of its investigation public through a series of hearings, which have revealed bombshell information about how Trump’s team perpetuated falsehoods about how the 2020 election was “stolen” due to baseless claims of widespread voter fraud. Many of these claims were repeated by rioters at the Capitol on January 6, 2021, according to video shown during a hearing on Monday.
Tangent
The House recommended contempt charges against Bannon, former White House trade adviser Peter Navarro, former White House Chief of Staff Mark Meadows and former White House social media director Dan Scavino Jr. The Justice Department filed charges against Bannon and Navarro, but declined to charge Meadows and Scavino. Meadows turned over thousands of text messages to the committee and both Meadows and Scavino engaged in months-long negotiations with the committee, but they ultimately did not testify.
What To Watch For
Bannon’s trial is scheduled to begin July 18, though Politico reports Schoen indicated he may seek to postpone the trial due to January 6 hearings scheduled for the next few weeks.
Further Reading
Bannon Pleads Not Guilty To Contempt Of Congress (Forbes)
Steve Bannon Indicted For Contempt Of Congress After Refusing To Comply With Subpoena (Forbes)
Source: https://www.forbes.com/sites/annakaplan/2022/06/15/judge-rejects-steve-bannons-motion-to-toss-contempt-of-congress-charges/