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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Prosecutors say Bannon's failure to comply was deliberate

Continuing her opening statement, federal prosecutor Amanda Vaughn told the jury that the subpoena to Bannon directed him to provide documents by the morning of Oct. 7, 2021, and to appear for a deposition the morning of Oct. 14, 2021 -- but instead he had an attorney, Robert Costello, send a letter to the committee informing the committee that he would not comply "in any way," she said.

"The excuse the defendant gave for not complying" was the claim that "a privilege" meant he didn't have to turn over certain information, Vaughn said. "[But] it's not up to the defendant or anyone else to decide if he can ignore the [request] based on a privilege, it's up to the committee."

And, said Vaughn, the committee clearly told Bannon that "your privilege does not get you out of this one, you have to provide documents, and you have to come to your deposition." And importantly, she said, the committee told Bannon that "a refusal to comply" could result in criminal prosecution.

"You will see, the defendant's failure to comply was deliberate here," Vaughn told the jury. "The only verdict that is supported by the evidence here: that the defendant showed his contempt for the U.S. Congress, and that he's guilty."


Prosecution begins opening statements

Federal prosecutor Amanda Vaughn began opening statements by saying, "In September of last year, Congress needed information from the defendant, Steve Bannon. ... Congress needed to know what the defendant knew about the events of Jan. 6, 2021. ... Congress had gotten information that the defendant might have some details about the events leading up to that day and what occurred that day."

So, Vaughn told the jury, Congress gave Bannon a subpoena "that mandated" he provide any information he might have.

"Congress was entitled to the information it sought, it wasn't optional," Vaughn said. "But as you will learn in this trial, the defendant refused to hand over the information he might have."

Vaughn said Bannon ignored "multiple warnings" that he could face criminal prosecution for refusing to comply with the subpoena and for preventing the government from getting "important information."

"The defendant decided he was above the law and decided he didn't need to follow the government's orders," she said.


Judge instructs jury of the burden of proof

Prior to opening statements, the judge made clear to the jury that the Justice Department has the burden to prove four distinct elements "beyond a reasonable doubt":

(1) that Bannon was in fact subpoenaed for testimony and/or documents;

(2) that the testimony and/or documents were "pertinent" to the Jan. 6 committee's investigation;

(3) that Bannon "failed to comply or refused to comply" with the subpoena;

(4) that the "failure or refusal to comply was willful."


Jury sworn in after judge denies continuance

A 14-member jury has been sworn in for the contempt trial of ex-Trump strategist Steve Bannon.

Of the 14 jurors, nine are men and five are women.

The swearing-in of the jury comes after U.S. District Judge Carl Nichols denied the defense's request for a one-month delay of the trial, which attorneys for Bannon argued was necessary due to a "seismic shift in the understanding of the parties" of what the government's evidence will be.

"We have a jury that is just about picked," Nichols said in denying the request for a one-month continuance.

One of the jurors, a man who works for an appliance company, said Monday during jury selection that he watched the first Jan. 6 committee hearing and believes the committee is "trying to find the truth about what happened" on Jan. 6.

Another juror, a man who works as a maintenance manager for the Washington, D.C., Parks and Recreation department, said he believes what happened on Jan. 6 "doesn't make sense."

Another juror, a woman who works as a photographer for NASA, said "a lot" of her "photographer friends were at the Capitol" on Jan. 6, and she has watched some of the Jan. 6 hearings on the news.


Bannon wanted to testify but was advised not to, attorney says

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.