Steve Bannon arrives in federal court for his trial on Tuesday. (Patrick Semansky/AP)
Steve Bannon is on trial on two criminal charges for failing to comply with a House investigation on January 6, 2021, 10 months after receiving a subpoena from the special committee.
The polarizing longtime Trump ally has always been at the top of the Jan. 6 witness list for House investigators. But Justice Department prosecutors say the trial is intended to punish Bannon for not complying with subpoenas, rather than compel him to share information.
Here are the key things to know about the case when opening statements begin:
Why the case matters: The case is a major test of what leverage Congress has when a witness avoids a House subpoena. Bannon is the first of two similar House Select Committee subpoena cases to go to trial; A contempt case against former White House trade adviser Peter Navarro is still in its early stages.
The Bannon trial is also of particular importance to the House panel as it continues to negotiate to bring additional witnesses and as it prepares for a major prime-time hearing Thursday night that aims to highlight which committee members called former President Donald Trump’s “dereliction of duty” on Jan. 6.
How the trial might play out: Prosecutors promise their case against Bannon will be presented briefly, in just a few days, with just two or three prosecution witnesses. This list includes investigative committees of the House.
It is not known how extensive Bannon’s defense will be or whether he will want to take the stand in his defense. He will not be able to compel members of the House to testify, the judge said.
At the start of the case, Bannon vowed to make the proceedings “a crime from hell for (Attorney General) Merrick Garland, (House Speaker) Nancy Pelosi and (President) Joe Biden.” But at a recent court hearing, his defense attorney, David Schoen, complained: “What’s the point of going to trial here if there’s no defense?”
Bannon’s attempts to stop trial: Bannon — who accepted an 11th-hour pardon from Trump in 2021 as he faced wire fraud conspiracy and money laundering charges in Manhattan federal court related to a fundraising scheme for border wall – has made a series of attempts in court in recent days to halt the trial, build more defenses or prepare for possible appeals.
So far, U.S. District Judge Carl Nichols has sided with the Justice Department on the evidence the jury can hear, cutting off Bannon’s ability to try to stick to advice given to him by his lawyer or use internal policy of Department of Justice regarding the presidential advisers he hoped could protect him.
Trump has indicated in recent weeks that he wants to waive any executive privilege that might apply to Bannon, and Bannon has suggested he might be interested in talking to the House committee — a series of events that Bannon’s team now he wants to try to show the jury . But his ability to raise arguments about executive privilege will be severely limited at best. Bannon was not a government official during the period the committee is investigating.
The charges: A federal grand jury indicted the right-wing figure in November on two counts of criminal contempt — one for failing to testify as requested by a House special committee subpoena in the fall and the other for failing to produce documents. A key question during the trial will be whether jurors agree with prosecutors and the House of Representatives that Bannon’s October subpoena deadlines were final and that he willfully ignored them.
Both of the charges he faces are felonies. But if convicted, each faces a mandatory minimum of 30 days in jail.
Continue reading about the case here.
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