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

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.

The defense has rested its case and the jury has been sent home for the day, with closing arguments and jury instructions planned for Friday morning.

"Your honor, the defense rests," Bannon's attorney Evan Corcoran said before the jury was dismissed for the day.

The move comes after defense attorney David Schoen told Judge Carl Nichols that Bannon was never able to mount a full defense in the trial because the judge limited the types of arguments the defense could make, and because the defense had been unable to question members of the Jan. 6 committee rather than just a staffer.

The defense especially wanted to question committee chairman Bennie Thompson, who signed the subpoena at issue and then referred the case to the Justice Department for prosecution.

"Our view is we've been badly stymied in bringing a defense in this case," Schoen said. Bannon, he said, has been "handcuffed and not able to explain his story of the case."

Nichols disputed the characterization, telling Schoen that he has simply been following the law in deciding what should be allowed at trial.

In asking the judge to acquit Bannon of the charges against him, defense attorney Evan Corcoran said of the prosecution, "They have not presented evidence upon which a reasonable person could find beyond a reasonable doubt that Mr. Bannon is guilty of the charges of contempt of Congress."

Regarding the deadline for Bannon to comply with the subpoena, Corcoran said that "it was clear" from the testimony of Jan. 6 committee staffer Kirstin Amerling that "the dates were in flux ... but even the dates in the subpoena, she was unable to identify why those dates were in the subpoena at all. She was unable to identify who put those dates in the subpoena. And that's a critical issue."

Corcoran also argued that the indictment claims Bannon didn't provide documents "by Oct. 18, 2021" -- but the deadline on the subpoena itself was Oct. 7, 2021, a different date.

"In our view, the return date is either the date on the subpoena, or it's open" -- all of which shows "this was an ongoing negotiation," Corcoran said.

In response, prosecutor Amanda Vaughn said, "The reasons for the dates are irrelevant."

"The dates are on the subpoena," Vaughn said. "The committee made clear in its letters to the defendant that those were the dates and that he had violated them, and the evidence is clear that he did not provide documents by Oct. 7 and did not come for his deposition on Oct. 14."

The government "has provided sufficient evidence" of his guilt, and letters from the time and posts to Bannon's social media "made clear" that he did not intend to comply, she said.

At the start of the third day of testimony Thursday morning, the defense team in the contempt case against Steve Bannon said in court that they do not plan to call any witnesses to the stand -- including Bannon himself -- and instead asked the judge to dismiss the case.

"The jury has now heard all the evidence it is going to hear," U.S. District Court Judge Carl Nichols subsequently announced.

The move came after the defense team asked the judge to acquit Bannon and rule that the government had not presented enough evidence to warrant continuing the trial.

In making its argument for acquittal, the defense said one of the government's two witnesses "didn't add much," so it's "really a one-witness case."

The judge said he wouldn't rule on the motion for acquittal yet.