Christine Amerling, the government’s first witness in Bannon’s contempt of Congress trial, testified that she sent a 10-page subpoena to Bannon’s lawyer, Robert Costello, on Sept. 23 seeking records, emails and other communications with several Trump advisers, including Rudy’s. Giuliani, Michael Flynn and John Eastman. The subpoena required Bannon to comply by Oct. 7 and then appear for a deposition on Oct. 14. The jury was shown portions of the 17-point letter requesting various communications from Bannon regarding the events of January 6, 2021. The subpoena also sought Bannon’s communications with Rep. Scott Perry (R-Pa.) and any other members of Congress, as well as any discussions he had with groups such as the Oath Keepers, Proud Boys and Three Percenters, who allegedly led the category in the Capitol. Bannon and Costello did not respond by the committee’s 10 a.m. deadline on Oct. 7, Amerling said. At 5 p.m. that day, Costello emailed a letter saying there would be no production or appearance by Bannon. The letter said Trump’s lawyer Justin Clarke had informed Bannon and Costello that the subpoena sought “information potentially protected from disclosure by executive and other privileges … President Trump is prepared to defend these fundamental privileges in court … until resolve these issues. unable to respond to your request for documents and testimony.” Amerling said the committee immediately prepared a response and sent it to Bannon and Costello the next day, signed by the committee’s chairman, Rep. Bennie G. Thompson (D-Miss.). “Your letter indicates that the sole basis for violating the subpoena,” the committee responded, “is Mr. Trump’s ‘direction’ of your client and his decision to honor his invocation of executive privilege. This position has no basis in law and your letter cites no law’ to support the argument. “Please be advised,” the committee’s letter continued, “that the Select Committee will consider Mr. Bannon’s failure to respond to the subpoena as willful noncompliance with the subpoena. His willful failure to comply with the subpoena would force the Select Committee to consider invoking contempt of Congress, which could lead to a House referral to the Justice Department on criminal charges — as well as the possibility of policy action to execute the subpoena issued against Mr. Bannon in his personal capacity.”
