Contempt of Congress trial for Steve Bannon averts delay

WASHINGTON (CN) — A federal judge refused Monday to delay the trial of Steve Bannon for defying a subpoena from the House select committee investigating the Jan. 6 attack on the U.S. Capitol.

U.S. District Judge Patrick Nichols rejected Bannon’s claim that his July 18 trial should be postponed because the ally of former president Donald Trump reversed course over the weekend and agreed to comply with a subpoena from last year — seeking his testimony and records — issued by the House Select Committee to Investigate the Jan. 6 Attack. 

After hearing oral arguments, Nichols was not convinced by defense attorney David Schoen’s claim that Bannon’s trial should be delayed because his “hands were tied” by executive privilege until Justice Department court filings last week claimed Donald Trump’s attorney told the House Jan. 6 Committee on June 29 that the former president “never invoked executive privilege over any particular information or materials.”  

He also disagreed with Schoen’s assertion that publicity from the House Jan. 6 committee’s recent public hearings could taint potential D.C. jurors. Citing similar circumstances in the 2015 criminal trial of the Boston Marathon bomber case, Nichols said he is “certainly confident” an unbiased jury can be chosen within the nation’s capital. 

“And if we can’t pick a jury, then we have to suspend the trial,” Nichols said.

The Trump-appointed judge dealt more blows to Bannon by blocking his legal team from raising executive privilege, entrapment by estoppel or advice of counsel defense claims during the trial, which prompted a pointed response from Schoen.

“What’s the point of going to trial if there are no defenses” Schoen quipped. 

Outside the federal courthouse after the hearing, Schoen told reporters that he does not think anybody “could provide effective assistance of counsel on this kind of time frame — finding out a week before the trial starts what defenses altogether will be permitted in the case.” 

“But, again, he’s the judge — that’s why we have a court of appeals,” he added. 

Bannon, who did not attend Monday’s hearing, faces up to five years in jail if convicted. 

The former Trump strategist’s case will serve as a test of Congress’ power as it attempts to enforce consequences on witnesses who refuse to comply with its subpoenas.   

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

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

Follow @EmilyZantowNews

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