Judge Rules Bannon Must Face Criminal Contempt Trial

June 15, 2022 by Dan McCue
Judge Rules Bannon Must Face Criminal Contempt Trial
Former White House strategist Steve Bannon arrives at the FBI Washington Field Office, Monday, Nov., 15, 2021, in Washington. Bannon surrendered to federal authorities to face contempt charges after defying a subpoena from a House committee investigating January’s insurrection at the U.S. Capitol. (AP Photo/Jose Luis Magana)

WASHINGTON — Former Trump adviser Steve Bannon must face trial on criminal contempt of Congress charges stemming from his refusal to cooperate with a subpoena from the House committee investigating the Jan. 6, 2021, riot on Capitol Hill.

In a ruling handed down Wednesday, U.S. District Judge Carl Nichols said Bannon’s attorneys had failed to convince him that the Select Committee to Investigate the Jan. 6 Attack on the U.S. Capitol was improperly constituted.

Bannon’s argument was predicated on his claim that the committee doesn’t have a bona fide ranking member to represent the GOP’s interests during its deliberations, and that it has only nine members when House rules appear to mandate it should have 13.

In rejecting that argument, Nichols said the Constitution compelled him to give great weight to the House’s interpretation of its own rules. He also said his taking any action pertaining to internal House rules would raise separation of powers issues.

Bannon’s lawyers also argued that various past U.S. Justice Department memos led Bannon to believe he could not be charged for refusing to comply with the committee’s demand for documents and his testimony.

Specifically, they referred to opinions issued by the Justice Department’s Office of Legal Counsel, which said executive branch officials cannot be prosecuted for contempt for refusing to testify before Congress on matters covered by executive privilege.

Nichols rejected this argument on the grounds that though Bannon had served in the Trump White House early in the administration, he was not an executive branch employee when insurgents loyal to the former president stormed the Capitol to disrupt certification of Democrat Joe Biden’s victory in the 2020 election.

Nichols’ ruling was delivered from the bench after nearly three hours of arguments Wednesday morning on several evidentiary motions as well as Bannon’s motion to dismiss.

The judge’s decision clears the way for the start of Bannon’s trial on contempt charges next month. 

There may, however, be a delay as an attorney for Bannon has said he would likely ask that the trial be moved outside the District of Columbia due to publicity associated with the recent start of public hearings by the select committee.

Bannon has pleaded not guilty.

Dan can be reached at [email protected] and @DanMcCue

A+
a-
  • Congress
  • criminal contempt
  • Steve Bannon
  • In The News

    Health

    Voting

    Law

    December 8, 2023
    by Dan McCue
    Appeals Court Largely Upholds Trump DC Gag Order

    WASHINGTON — A federal appeals court panel on Friday largely upheld a gag order imposed on former President Donald Trump... Read More

    WASHINGTON — A federal appeals court panel on Friday largely upheld a gag order imposed on former President Donald Trump in the criminal case accusing him of trying to overturn the results of the 2020 election, but loosened it just enough to allow criticism of the... Read More

    December 8, 2023
    by Tom Ramstack
    Hunter Biden Indicted on Felony Charges Alleging Years of Tax Evasion

    LOS ANGELES — A Los Angeles grand jury indicted Hunter Biden on tax charges Thursday. The nine-count indictment alleges Biden... Read More

    LOS ANGELES — A Los Angeles grand jury indicted Hunter Biden on tax charges Thursday. The nine-count indictment alleges Biden failed to pay $1.4 million in taxes over four years. The Los Angeles indictment follows similar tax evasion charges this year in Delaware. Biden also is... Read More

    New York Can Enforce Laws Banning Guns From 'Sensitive Locations' for Now, US Appeals Court Rules

    NEW YORK (AP) — New York can continue to enforce laws banning firearms in certain “sensitive” locations and require that... Read More

    NEW YORK (AP) — New York can continue to enforce laws banning firearms in certain “sensitive” locations and require that handgun owners be of “good moral character,” a federal appeals court ruled Friday in its first broad review of a host of new gun rules passed... Read More

    December 4, 2023
    by Dan McCue
    Former Ohio Utilities Chairman Indicted in Bribery Scandal

    CINCINNATI — A federal grand jury has charged the former chairman of the Public Utilities Commission of Ohio with taking... Read More

    CINCINNATI — A federal grand jury has charged the former chairman of the Public Utilities Commission of Ohio with taking $4.3 million in bribes from one of the nation's largest investor-owned utility companies. Sam Randazzo surrendered at the federal court in Cincinnati on Monday after being... Read More

    AP Exclusive: America's Black Attorneys General Talk Race, Politics and Justice System

    BOSTON (AP) — The American legal system is facing a crisis of trust in communities around the country, with people... Read More

    BOSTON (AP) — The American legal system is facing a crisis of trust in communities around the country, with people of all races and across the political spectrum. For many, recent protests against police brutality called attention to longstanding discrepancies in the administration of justice. For others, criticism... Read More

    November 30, 2023
    by Dan McCue
    New York Appellate Court Reinstates Trump Gag Orders

    NEW YORK — A New York appeals court panel on Thursday reinstated a pair of gag orders issued in Donald... Read More

    NEW YORK — A New York appeals court panel on Thursday reinstated a pair of gag orders issued in Donald Trump’s civil fraud trial that barred the former president from speaking publicly about the judge’s court staff. The two-page decision by the New York State Supreme... Read More

    News From The Well
    scroll top