TL/DR –
Steve Bannon, former advisor to ex-President Donald Trump, is seeking to reverse his conviction for defying a subpoena from a congressional panel regarding the January 6, 2021 attack on the US Capitol. Bannon argues he didn’t receive a fair trial because the defense that his lawyer advised him he didn’t have to comply with the subpoena was barred. However, the court did not seem persuaded by his lawyer’s argument, with one judge noting Bannon was not working in the White House during the riot and much of the information requested was unrelated to his interactions with Trump.
Steve Bannon Appeals Conviction Over Congressional Subpoena Dispute
Steve Bannon, a former senior adviser to ex-President Donald Trump, faced a federal appeals court as he attempted to overturn his criminal conviction for defying a subpoena from a congressional panel examining the Jan. 6, 2021, U.S. Capitol attack. Bannon, convicted last year of two misdemeanor counts of contempt of Congress, argued he was not given a fair trial as he was prohibited from centering his defense on his lawyer’s advice that he didn’t have to comply with the subpoena.
Bannon’s lawyer, David Schoen, argued before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that Bannon “acted in the only way the law permitted him to behave”. However, his absence from the hearing and the court’s skepticism towards Schoen’s argument were noted.
During the original trial, prosecutors successfully argued to U.S. District Judge Carl Nichols that executive privilege did not excuse Bannon’s refusal to cooperate with the subpoena. Bannon was then sentenced by Nichols in October 2022 to four months in prison and a $6,500 fine, but remains free as he appeals.
Shoen stated that if the three-judge panel rejects Bannon’s appeal, he would ask the full D.C. Circuit court to review the decision and appeal to the U.S. Supreme Court if necessary. Bannon continues to be a popular figure on the American right despite his conviction.
The committee sought information from Bannon regarding his alleged discussions with Congress members about blocking the certification of the 2020 presidential election results where Democrat Joe Biden defeated Republican Trump. Trump’s supporters attempted to prevent the certification by storming the Capitol, resulting in violent clashes with the police.
Government lawyer Elizabeth Danello argued that Trump did not fully invoke executive privilege over Bannon’s testimony, and thus the information lawmakers sought from Bannon, who was no longer in the administration at the time of the Capitol attack, was unprotected.
Justice Department lawyer Elizabeth Danello argued at the hearing that “Steven Bannon deliberately chose not to comply with a lawful congressional subpoena.” However, the committee disbanded at the end of 2022 without receiving any information from Bannon.
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