Steve Bannon sentenced to 4 months for contempt, pending appeal

Bannon attorney David Schoen took exception to the suggestion that Bannon did not have a legitimate claim of executive privilege when he rejected the committee's subpoena.

In particular, Schoen went after Trump lawyer Justin Clark, who told DOJ investigators in July that at no point did former President Donald Trump ever invoke executive privilege over Bannon's testimony.

"You wouldn't believe a thing he says," Schoen said of Clark, who also contradicted other claims made by Bannon's defense team in their case.

Federal prosecutor J.P. Cooney argued that Bannon is not above the law and should be sentenced and treated like any other citizen.

"It must be made clear to the public and the grand jury ... that no one is above the law," Cooney said. "He hid behind a fabricated claim of executive privilege, to thumb his nose at Congress."

"He had an interest in making a public spectacle of the committee's hearings," Cooney told the judge, saying that Bannon "has tried to make it about nothing but politics and retribution."

The hearing got underway with Judge Carl Nichols saying he tended to agree with the government on the sentencing guidelines.

The judge said that Bannon "has expressed no remorse for his actions" and hasn’t demonstrated that he has any intention of complying with the subpoena from the Jan. 6 committee.

Bannon attorney David Schoen argued that there should not be a 30-day mandatory minimum of jail time for the offense.

Nichols, however, rejected that argument, saying the statute is clear on the point that there is a mandatory minimum of 30 days and a mandatory maximum of 12 months.

Bannon arrived at the courthouse before 9 a.m. He thanked the TV news cameras for being there and called the Biden administration illegitimate.

He also thanked a woman who was chanting "traitor."