DOJ Shuts Down Steve Bannon Attempt To Evade Justice

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Steve Bannon has kept trying to get his trial on contempt of Congress allegations delayed, and the Justice Department subsequently kept up its stark opposition to that idea.

Bannon’s side brought forth a new set of arguments after first claiming that media coverage and the generally high-profile nature of ongoing public hearings by the House committee investigating the Capitol riot could have a negative impact on his case. If the hearings actually focused on Bannon, one could imagine they might cultivate prejudice among potential members of his jury — but Bannon isn’t a main focus by any means. He wasn’t mentioned by name a single time in the most recent riot panel hearing featuring former aide Cassidy Hutchinson. Now, Bannon’s side pointed in a recent filing to unresolved motions as a supposed reason to delay the trial.

“The Defendant’s latest claimed concern is just another dilatory pretext,” prosecutors said in a reply filed last Wednesday. Defendant refers to Bannon. “The Defendant requested the very motions schedule to which the Court is adhering… the House witnesses’ motion to quash is ripe for resolution… and the Defendant’s motion to compel is not fully briefed only by the Defendant’s own choice — he has now had a week to reply to the Government’s opposition. All of these issues can be resolved in advance of trial. Defense counsel have often cited their experience, so they are likely aware that pretrial issues are often resolved shortly before trial; indeed, parties sometimes file motions during trial should a witness’s testimony or proffered evidence or argument raise additional issues. The Defendant’s gamesmanship by requesting a continuance because of the very schedule he has suggested and manufactured should be rejected.”

Bannon is heading to trial on contempt of Congress allegations because of his refusal to cooperate with the House panel examining the Capitol riot. Bannon is apparently now willing to testify to the panel after Trump issued a letter to the longtime associate of the ex-president in which he indicated he’d waive claims of executive privilege should Bannon arrange a sit-down with the riot committee. “Mr. Bannon is willing to, and indeed prefers, to testify at your public hearing,” Bannon lawyer Robert Costello added in a new letter to the panel. A hearing in Bannon’s criminal case is scheduled for Monday. It’s not immediately clear how the committee will move forward. “Providing testimony would not necessarily absolve him of the criminal contempt charges he faces, so it’s unclear how his upcoming trial would be affected if Bannon strikes a deal with the committee to testify,” as CNN reported this weekend.

In an earlier response to arguments from Bannon about riot committee-related publicity, Justice Department lawyers said: “The Defendant’s motion gives the false impression — through general statistics about the volume of viewership of the Committee’s hearings and overall media coverage of the Committee’s hearings — that all of the Committee’s hearings and the attendant media coverage is about him… The truth is just the opposite — the Defendant has barely been mentioned in the Committee’s hearings or the resulting media coverage of them.” The matter of when Bannon’s trial will be held doesn’t appear to have been resolved. Trump’s recent statements about executive privilege appear poised to boost Bannon’s defense by implying Trump originally invoked it around the time Bannon got subpoenaed by the riot committee, but it’s uncertain Donald actually did so.