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 lawsuit is intended to punish Bannon for not complying with subpoenas, rather than compel him to share information. The case is a major test of what power Congress has when a witness evades a House subpoena. Bannon’s 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. Bannon’s trial is also of particular importance to the House panel as it continues negotiations to bring additional witnesses and as it prepares for a lengthy hearing Thursday night aimed at focusing what panel members called the “dereliction of duty ” by former President Donald Trump in January. 6.
Jurors asked about the House’s investigation
During the first part of Monday’s jury selection process, potential jurors have not been pressed about their general feelings about Bannon or Trump. They are, however, questioned about their news consumption of the parliamentary investigation and the case itself. Some said they have consumed little of the House hearings, if that. Many of the potential jurors said they have heard little about Bannon’s case, but a large number of them have attended at least some of the select committee’s public hearings. But awareness alone is not enough to throw them off the jury. Among the jurors qualified so far are a man who works with Covid-19 testing, a woman who retired from a union who is now writing a dissertation and a self-described “recovery” lawyer who now works for the State Department. The lawyer-turned-government official told the judge she believed executive privilege might be part of the case and that the case was about whether Bannon should testify or whether he was protected. It’s unclear whether Bannon’s legal team will be able to make arguments that even cite executive privilege to the jury. The judge, U.S. District Judge Carl Nichols, allowed her to continue as a potential juror because her knowledge of the case was limited. Bannon’s team has repeatedly argued that pretrial publicity, especially with congressional hearings, should at least delay his case. But many potential jurors say they have not formed an opinion or know little of the details, and are not being asked extensively about Bannon’s political history. One prospective juror said she was “highly aware” of the select committee’s proceedings and the case and heard that not everyone had answered the calls they received — even if they should have. But “we haven’t heard the whole story yet,” the legal aid worker told the judge. “I guess you’ll have to explain the law to us.” He remained on the jury team. A potential juror was thrown out of the pool after telling the judge he watched all the select committee hearings, then criticized Republicans who say the election was stolen and, looking at Bannon, said: “I think he’s guilty.”
The trial is expected to conclude quickly
Prosecutors have vowed that their case against Bannon will be presented briefly, in just a few days, with only two or three prosecution witnesses. This list includes House committee investigators. It is unknown how extensive Bannon’s defense will be or whether he will want to take a stand to defend his own position. He will not be able to compel members of the House to testify, the judge said. Early in the case, Bannon vowed to make the process “the trial 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 — who was pardoned by Trump at the 11th hour in 2021 as he faced wire fraud and money laundering charges in Manhattan federal court related to a border fund-raising scheme — has made a number of attempts in court in recent days to halt the trial, build more of a defense or prepare for possible appeals. So far, Nichols has sided with the Justice Department on what evidence the jury can hear, cutting off Bannon’s ability to trying to defer to the advice given to him by his lawyer or to use internal DOJ policies on presidential advisers that he hoped could protect him. In recent weeks, Trump has indicated 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 set of events Bannon’s team now wants to try to show the jury. But his ability to make executive privilege arguments will be, at best, severely limited. Bannon was not a government official during the period the committee is investigating. A federal judge indicted the right-wing figure in November on two counts of criminal contempt — one for failing to testify as demanded by a House select committee subpoena in the fall and the other for failing to produce documents. A key issue in the trial will be whether the jury agrees with prosecutors and the House that Bannon’s October subpoena deadlines were final and that he deliberately ignored them. Both charges he faces are misdemeanors. But if convicted, each faces a mandatory minimum of 30 days in jail. Bannon was one of the first potential witnesses on Jan. 6 that the House committee called — and he is one of the few people the committee despises. The committee said it wanted to obtain his documents and ask him questions because Bannon has been in contact with Trump, was in the so-called war room of Trump allies at the Willard Hotel in Washington as the riots unfolded and made a prediction on his podcast before. the commotion that “upon hell” was about to “burst.” “In short, Mr. Bannon appears to have played a multifaceted role in the events of January 6, and the American people deserve to hear his firsthand testimony about his actions,” the House committee said in its report. a contempt resolution against Bannon. When Bannon faced deadlines in October, his lawyer Robert Costello told the committee Bannon would not cooperate with the investigation because of Trump’s instructions that he should, “where appropriate, invoke any immunities and privileges he may have.” . criminal investigators interviewed Costello, as well as a Trump lawyer, Justin Clark, to build their case. According to the description of Clark’s statements, he told Costello Trump that he could not protect Bannon from completely failing to comply with the subpoenas. Ahead of Bannon’s trial, the House committee has detailed him in some of its public presentations. In a hearing last Tuesday, the committee released White House phone logs that showed Bannon and Trump spoke twice on Jan. 5, 2021, including once before Bannon made his predictions for the next day on the podcast. The commission has scheduled another hearing for the premiere Thursday afternoon. Depending on the pace of proceedings in DC federal court, and the length of his defense and jury deliberations, Bannon’s trial could be over by then. This story has been updated with additional details.
