Bannon contempt trial: After guilty verdict, Bannon rips Jan. 6 committee members
Ex-White House strategist Steve Bannon is guilty of defying a Jan. 6 subpoena.
Steve Bannon, who served as former President Donald Trump's chief strategist before departing the White House in August 2017, was found guilty Friday of defying a subpoena from the House select committee investigating the Jan. 6 attack on the U.S. Capitol.
Bannon was subpoenaed by the Jan. 6 panel for records and testimony in September of last year.
After the House of Representatives voted to hold him in contempt for defying the subpoena, the Justice Department in November charged Bannon with two counts of criminal contempt of Congress, setting up the trial.
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Defense rests its case after telling judge they were 'stymied'
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.
Attorneys argue over whether subpoena dates were 'in flux'
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.
Defense says no witnesses, including Bannon, will take the stand
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.
Bannon again rails at Thompson as he leaves courthouse
For the second day in a row, Bannon blasted Jan. 6 committee Chairman Bennie Thompson on his way out of court at the end of the day.
"Does he really have COVID?" said Bannon of the chairman, baselessly questioning Thompson's diagnosis after he announced Tuesday that he had tested positive for COVID-19.
"What are the odds that a guy that is vaxxed, boosted and double boosted, following Dr. Fauci's recommendation -- what are the odds, on the very day this trial starts, he comes up with COVID?" Bannon said of Thompson's absence as a witness in his trial.
"Why is Bennie Thompson not here?" Bannon repeated.
-Laura Romero and Soo Rin Kim