Closing arguments are scheduled for Friday in the contempt of Congress case against Stephen K. Bannon, the former Trump adviser who refused a request for information from the House special committee investigating the Jan. 6, 2021, attack on the US Capitol.
After that, the case would likely go to a jury.
U.S. District Judge Carl J. Nichols called jurors back into the courtroom shortly before 9:30 a.m. to hear jury instructions, which the judge said Thursday would take about 15 minutes. The prosecution and defense would then make closing arguments of about 45 minutes each.
Nichols said he would wait until jurors returned a verdict or were released before ruling on a defense motion challenging two issues: whether prosecutors met their burden of proof and the judge’s denial of a defense motion to call as witness Rep. Benny G. Thompson (D-Miss), the chairman of the House committee on Jan. 6.
Prosecutors say Bannon “chose to show contempt” and “decided he was above the law” by not responding to the committee. Bannon’s lawyers say their client has not “ignored” the committee’s formal request, but is in negotiations with the committee.
Analysis: Bannon’s January 6 rhetoric walks the fine line between revolutionary rhetoric and revolution
Jurors are expected to begin weighing Bannon’s case one day after the very panel he is accused of rejecting convened for a prime-time hearing focused on President Donald Trump’s actions during and after the insurgency at the Capitol.
If convicted, Bannon faces at least 30 days and up to a year in jail for each of the two counts. But it’s extremely rare for anyone to go to jail for contempt of Congress; this has not happened since the 1950s.
The trial began Monday with a full day of jury selection, during which several potential jurors were excused because of their knowledge of or opinions about the Jan. 6 riot and subsequent investigations.
Nichols has previously rejected numerous potential defenses of Bannon, including his claim that Donald Trump had sought executive privilege over his testimony and documents. Nichols, a Trump appointee in 2019 who served in George W. Bush’s Justice Department from 2005 to 2009, narrowed Bannon’s defense in the trial mainly to whether he understood the deadlines for responding to requests from the legislators. The judge also said Bannon could argue whether he believed the compliance window remained open.
In presenting their case, prosecutors called two witnesses: Christine Amerling, the group’s general counsel since Jan. 6, who described how Bannon did not commit to the committee until he missed the first deadline to respond; and FBI Special Agent Stephen Hart, who spoke about his conversation with a lawyer who represented Bannon in his dealings with the committee, as well as posts made by one of Bannon’s official social media accounts after he was subpoenaed.
Bannon presented no defense witnesses. The defense made its motion to dismiss, arguing that the government had not proven its case — a fairly common move by defense attorneys late in the trial and one that rarely succeeds.
Trump’s election has escalated tensions, sending the U.S. toward a Jan. 6, panel finds
Bannon is one of two former Trump aides facing criminal charges in connection with the committee’s rejection, along with former White House trade adviser Peter C. Navarro. The Justice Department said it would not file charges against former Trump White House chief of staff Mark Meadows and communications chief Daniel Scavino Jr., who were also targeted by Congress for potential prosecution.
Unlike Bannon and Navarro, Meadows and Scavino have engaged in months of talks with the committee over the terms and limits of potential testimony and claims of executive privilege. Meadows also turned over thousands of text messages and communications with members of Congress and other White House aides before ending negotiations and withdrawing her testimony.
And unlike the other three men, Bannon left the Trump White House in 2017 and has been a private figure throughout the 2020 election and subsequent presidential transition.
This is a developing story. Will update.
Add Comment