Bannon contempt trial: After guilty verdict, Bannon rips Jan. 6 committee members

Closing arguments are underway, after Judge Nichols gave the jury instructions for deliberations.

Regarding Bannon's decision not to testify in the case, Nichols specifically told the jury: "You must not hold this decision against him, and it would be improper to speculate as to the reasons."

"You must not assume the defendant is guilty because he chose not to testify," the judge said.

The government will first make its closing argument, then the defense will make its closing argument, followed by a shorter rebuttal by the government.

As court resumed Friday morning for expected closing arguments, Bannon's defense team filed a "notice" to Judge Carl Nichols expressing concern over last night's prime-time Jan. 6 committee hearing and its "possible impact on the jury," calling a segment in the hearing "highly inflammatory."

The notice says that last night's hearing "included a feature segment on the Defendant Stephen K. Bannon of a particularly inflammatory nature." It's referring to audio of Bannon that was played at about 10:38 p.m. ET in which Bannon can be heard days before the 2020 presidential election saying that even if Trump loses the election, "Trump will declare victory," and there will be a "firestorm."

Bannon's defense team asked the judge to ask jurors whether they watched or heard about that segment, or the hearing in general.

"[T]here should be some inquiry, while assuring the jurors of the importance of candor and that they will not suffer negative consequences if they acknowledge exposure to the broadcast or its subject," the team's filing said.

"The nature and substance of the segment present a significant cause for concern regarding possible prejudice to Mr. Bannon's constitutional fair trial rights and right to a jury trial if a juror viewed the segment of was made aware of it in some manner," it said.

The jury has been brought into the courtroom for today's proceedings, and so far there has been no mention of the defense team's latest filing.

News coverage of the Jan. 6 committee has been an ongoing concern for both the defense team and prosecutors throughout this case. At the request of prosecutors, Judge Nichols reminded the jury not to watch or read about last night's hearing before he sent the jury home last night.

Leaving the courthouse after the day in court, Bannon told reporters that -- despite his decision not to testify in his trial on the advice of counsel -- he has no compunction about testifying.

"Make sure everybody understands, of any person in the Trump administration, Stephen K. Bannon has testified," Bannon said, referring to his earlier testimony as part of Special Counsel Robert Mueller's Russia probe and a parallel investigation by the House Intelligence Committee at the time.

"Thirty hours in the Mueller Commission ... 20 hours in front of the House Intelligence Committee ... I think over 50 hours of testimony," Bannon said.

"Every single time, more than anybody else in the Trump administration," he said.

-Laura Romero and Soo Rin Kim

Bannon defense attorney David Schoen read a statement to Judge Carl Nichols explaining why Bannon is not testifying in his own defense, before the judge brought the jury back in to announce the court was in recess until Friday.

Schoen said that Bannon understands he has a right to testify "and has very much wanted to do so" since his indictment -- specifically wanting to testify publicly about what "the true facts of the case are," Schoen said.

"However, on the advice of counsel and support of the team, he has decided not to testify because he understands he would be barred from telling the true facts of what he did and did not do with regard to the subpoena he was issued," Schoen said. "He believed he was doing what the law required him to do based on his lawyer's advice."

Schoen told the judge that Bannon's attorney at the time, Robert Costello, had told Bannon that "executive privilege had been invoked and he was not permitted by law to comply with the subpoena. Mr. Bannon followed and relied on the advice of his experienced counsel," and on previous memos written by the Justice Department, Schoen said.

After Schoen made those remarks, the judge turned to Bannon and asked: "Mr. Bannon, have you conferred with counsel, and do you knowingly and intentionally waive your right to testify?"

"Uh, yes your honor," Bannon responded. It was the first time Bannon has spoken during the trial.

Before Nichols sent the jury home, he reminded them, "Do not read about this case, do not read or watch TV or videos about this matter or related matters, through the end of deliberations."

He issued the reminder after prosecutor Amanda Vaugh raised concerns about the jury's potential exposure to the live televised hearing that the Jan. 6 committee is holding in prime time tonight.