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

During her closing argument, prosecutor Molly Gaston reminded the jury that the judge had told them that to convict Bannon, they must find that he not only failed to comply with the subpoena, but that he did so "willfully" -- not to mean that he did it for an "evil or bad purpose," but that the failure was "deliberate and intentional" and not the result of "inadvertence, accident or mistake."

Gaston insisted that Bannon's decision was "deliberate" and "willful" and that, "the reason for that choice does not matter."

"It does not matter if he refused to comply because his lawyers advised him so," or because he believed a privilege was involved, she said. "As long as the defendant knew that he had been commanded by the subpoena to produce documents and give testimony," then "his belief that he had a good excuse not to comply does not matter. That is not a defense for contempt."

She said this may be "strict," but "in order for the government to function, citizens need to follow the rules. … It is how we all live together in society."

"The defendant chose allegiance to Donald Trump over compliance with the law," Gaston said.

Regarding claims by the defense that Bannon thought the dates "in black and white on the face of that document were not hard deadlines," Gaston said: "Please don't fall for that."

"We are here because the defendant had contempt for Congress," she said. "This is a situation in which the name of the crime tells you everything you need to know: contempt."

Referring to Bannon's defense attorney, Gaston said that "Mr. Corcoran has tried to tell you this case is about politics, but the only person making this case about politics is the defendant, and he is doing it to distract and confuse you. Don't let him."

"There is nothing political about enforcing the law against someone who, like the defendant, flouts it," she said.

"The defendant chose defiance," Gaston said. "Find him guilty."

Prosecutor Molly Gaston began closing arguments by telling the jury, "This case is not complicated, but it is important."

"This is simply a case about a man -- that man, Steve Bannon -- who didn't show up," she said. "Why didn't he show up? He didn't show up because he did not want to, because he did not want to provide the Jan. 6 committee with documents, he did not want to answers its questions, and when it really comes down to it, he did not want to recognize Congress' authority or play by the government's rules."

"So why is this case important?" Gaston said. "It is important because our government only works if people show up. It only works if people play by the rules. And it only works if people are held accountable when they do not. And in this case, when the defendant deliberately chose to defy a congressional subpoena, that was a crime."

Calling Jan. 6 "a dark day in our nation's history" that included "violence against law enforcement" and efforts to disrupt the "peaceful transfer of power," Gaston said Congress created the Jan. 6 committee to "make sense of it" and to "make sure that it never happens again."

Regarding the subpoena that the committee sent Bannon, she said, "This document is not hard to understand. It tells the defendant what he is required to do, and when he is required to do it."

"The defendant did not produce a single document," Gaston said. "Was that a mistake? No, that was intentional."

She recited the back-and-forth correspondence between Bannon's then-lawyer, Robert Costello, and the committee, in which Bannon claimed that executive privilege "completely exempted him" and the committee repeatedly said that it "rejected" that claim and warned Bannon that he could face prosecution for contempt of Congress.

She noted that the privilege that Bannon claimed "could not possibly cover everything" that the committee was asking for, and that Bannon "made clear" in a social media post that "he was defying the committee to -- quote -- 'stand with Trump.'"

"This is the defendant celebrating his defiance," Gaston said. "And this shows the defendant knew that the subpoena required him to produce documents."

"This was not a mistake," Gaston said, telling the jury "he ignored" the subpoena.

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.