Contempt of Congress indictment tightens around Steven Bannon

WASHINGTON (CN) — “The bottom line is the motion to dismiss is denied,” a federal judge told Steve Bannon on Wednesday, advancing a contempt of Congress indictment against the erstwhile Trump adviser for defying a subpoena issued by the House Select Committee to Investigate the Jan. 6 Capitol Attack. 

U.S. District Judge Patrick Nichols ruled from the bench after hearing oral arguments on Bannon’s claim that the subpoena for documents and testimony was an unconstitutional effort to “usurp” the authority of the executive branch to enforce law. 

“I cannot conclude that as a matter of law he is correct,” Nichols said.  

Bannon failed to sway the judge that the committee subpoenaed him only as a way to “send a message” to other potential deponents. While Bannon said the subpoena does not describe how it could be used to inform legislation, Nichols pointed to paragraphs 24 and 25 in the subpoena, which he said relate to the matters under inquiry by the House Jan. 6 committee: to investigate the attack on the Capitol, to identify lessons learned, and to issue a final report with findings and recommendations for corrective measures. 

Nichols then noted that paragraph 7 in the indictment cites the cover letter to the subpoena, which states that the committee has reason to believe Bannon has information relevant to understanding important activities that led to and informed the events at the Capitol on Jan. 6, 2021. 

“For example, you have been identified as present at the Williard Hotel on Jan. 5, 2021, during an effort to persuade members of Congress to block the certification of the election the next day,” the indictment states. “Moreover, you are quoted as stating, on Jan. 5, 2021, that “[a]ll hell is going to break loose tomorrow.” 

Not only are the statements from the subpoena included in the indictment, but “the subpoena itself” also includes topics related to the House Jan. 6 committee’s purpose for issuing the subpoena – and therefore it cannot be dismissed, according to the judge. 

Bannon insists that even producing a privilege log of withheld documents would compromise privileged information as he would have to produce includes the names of the documents’ authors and recipients. 

In addition to rejecting that claim, Nichols said it “seems premature” to rule on whether evidence of toll records can be used during trial until jury instructions are finalized. He ordered both parties to submit portions of their proposed jury instructions by June 30. 

After Bannon pleaded not guilty to two misdemeanor counts of contempt of Congress in November, the Trump ally promised to take down the Biden “regime.” 

Other former President Donald Trump who have declined or defied subpoenas from the committee include Dan Scavino, Peter Navarro and former White House chief of staff Mark Meadows.  

The Justice Department indicted Navarro last week for defying the subpoenas but it has not charged Meadows, who initially complied with the subpoena then reversed course, or Scavino. 

Bannon’s case, which is set to go to trial on July 18, will serve as a test of Congress’ power as it attempts to enforce consequences on witnesses who refuse to comply with its subpoenas.  

The former Trump strategist’s legal team said on Wednesday that they might file a motion for change of venue, citing heightened media coverage of the House Jan. 6 committee public hearings in Washington that could impact potential local jurors. 

“News is coming out day by day,” Bannon’s attorney David Schoen told the judge. 

Follow @EmilyZantowNews

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