Steve Bannon’s Contempt Of Congress Trial Will Begin Next Week, Judge Rules

Topline

Former White House strategist Steve Bannon must face trial next week for contempt charges over his refusal to testify to the House select committee investigating the January 6 riot at the Capitol, a judge ruled Monday, even after Bannon’s abrupt about-face Sunday in which he agreed to testify after all.

Key Facts

U.S. District Court Judge Carl Nichols said in a ruling he saw “no reason for extending this case any further,” and that the voir dire process for screening jurors would be enough to prevent potential prejudice in the jury, according to multiple reporters in the courtroom.

An attorney for Bannon, David Schoen, had previously asked Nichols to delay the trial due to the ongoing January 6 committee hearings.

Nichols issued a series of rulings on what could be discussed at at the trial, which excluded previous opinions from the Department of Justice’s Office of Legal Counsel on executive privilege

Nichols also ruled on several possible defenses Bannon’s team would not be allowed to use in the trial, leaving his attorneys with few options for defenses a week before the trial begins.

At the end of Nichols’ ruling, Schoen asked, “What is the point of going to trial if there are no defenses?”

Schoen did not immediately respond to a request for comment from Forbes.

Key Background

Bannon refused to comply with a subpoena from the January 6 committee for months, arguing he could not produce documents or sit for an interview due to Trump’s claim of executive privilege, a legal doctrine which allows presidents to keep some internal communications secret. The House of Representatives voted to hold him in contempt in October, and he was indicted on two counts of criminal contempt of Congress charges in November. Bannon revealed in a stunning reversal Sunday he “is willing to, and indeed prefers,” to testify before the committee in a public hearing. Another attorney for Bannon, Robert J. Costello, cited a letter from former President Donald Trump that said he would waive his claim of executive privilege for Bannon to testify. However, in a motion filed early Monday morning, the DOJ revealed Trump’s attorney, Justin Clark, said in an interview with the FBI last month that Trump had never invoked executive privilege for Bannon.

Surprising Fact

Bannon’s attorneys submitted motions to subpoena House Speaker Nancy Pelosi and members of the January 6 committee to testify in the trial, but Nichols rejected the efforts in his ruling Monday, citing the speech and debate clause of the U.S. Constitution.

What To Watch For

Bannon’s trial is set to begin July 18. If Bannon is convicted, he faces up to two years in prison and a maximum fine of $2,000.

Further Reading

Jan. 6 Committee Expects Testimony From Steve Bannon, Rep. Lofgren Says (Forbes)

Judge Rejects Steve Bannon’s Motion To Toss Contempt Of Congress Charges (Forbes)

Bannon Pleads Not Guilty To Contempt Of Congress (Forbes)