According to a Fox News legal expert, Steve Bannon, host of the program War Room and former White House strategist for President Donald J. Trump, may be able to get his contempt conviction dismissed.
The revelation has brought relief and optimism to Bannon’s supporters, including President Trump.
After Bannon appealed his conviction in a case involving the illegitimate power grab by the Democrat-dominated J6 House Committee, Judge Carl Nichols issued the predicted judgement postponing the jail term at the beginning of November.
This case will now be heard by the D.C. Circuit Court of Appeals, and Bannon will only be sentenced to jail time if his conviction is sustained by higher courts.
“Bannon, a private citizen at the time of the Jan. 6 committee’s creation last year, was charged after he rebuffed the panel’s demand that he sit for a deposition with investigators and hand over documents relevant to the congressional probe,” CBS News reported in November, adding:
“During his trial in July, prosecutors told the jury that Bannon thought he was “above the law” and had “thumbed his nose” at congressional demands. Bannon chose not to testify, and his legal team called no witnesses.”
Bannon said he could not comply with the committee’s subpoena due to executive privilege issues raised by Trump, adding that his attorney, Robert Costello, urged him not to cooperate with the subpoena due to these concerns.
CBS News provided further details:
Judge Nichols ruled that because of binding precedent from a higher court, Bannon’s legal team could not present a defense known as “advice of counsel” to the jury. Those legal issues are the likely subjects of his appeal and Nichols indicated some the questions were worth further consideration by the higher courts.
In his Monday ruling delaying the sentence, Nichols noted that Bannon is not likely to flee as the appeals process moves forward and reiterated that the issues raise “substantial question of law that is likely to result in a reversal or an order for a new trial.”
Nichols stated that the House committee that Bannon was found guilty of disobeying on January 6 had “every reason” to investigate the events of that day and seek to prevent such occurrences.
The court stated that some of the information the committee requested from Bannon had “no plausible claim of executive privilege,” although the judge was less certain about the executive privilege surrounding other items. Nichols agreed that Bannon’s legal team did not entirely ignore the committee and talked with the staff over its concerns regarding privilege.
However, Bannon’s defenders maintained that their client was politically targeted and punished for following his attorney’s advice.
“The facts of this case show that Mr. Bannon’s conduct was based on his good-faith reliance on his lawyer’s advice,” his legal team wrote earlier this week, “Based upon clear authority, Mr. Costello provided legal advice to Mr. Bannon. Mr. Costello provided legal justifications for Mr. Bannon’s position to the Select Committee and received responses back from Select Committee attorneys. Mr. Costello provided advice to Mr. Bannon, and Mr. Bannon acted on that advice.”
“It is especially inappropriate for this case to be brought as a criminal case,” Schoen contended, adding that “Mr. Bannon should make no apology.”
More on this story via The Republic Brief:
Gregg Jarrett discussed the details of Bannon’s case and possible outcome recently and posted that Bannon has ‘strong legal grounds’ to get his highly corrupted J6 conviction overturned.
Bannon was sentenced in October to 120 days in prison for failing to comply with a congressional subpoena from the Jan. 6 Committee in Washington D.C. CONTINUE READING…