Daily Freeman (Kingston, NY)

Bannon-linked border wall nonprofit is defunct, lawyer says

- By Michael R. Sisak

We Build the Wall, the nonprofit prosecutor­s say Steve Bannon worked with to dupe donors who gave money to build a wall on the U.S. southern border, is effectivel­y out of business and can’t afford to defend itself in a New York fraud case, a lawyer for the organizati­on said Tuesday.

Justin Weddle, seeking to be removed from the case, told a judge that the last member of We Build the Wall’s board is resigning and that the entity has racked up a “significan­t outstandin­g bill” for legal services and that he has “no prospect of getting paid.”

“Are you saying you’d like to withdraw because of the lack of resources or because you don’t have a client?” Judge Juan Manuel Merchan asked.

“Both,” Weddle responded.

Bannon and We Build the Wall are co-defendants in a state-level reboot of a federal case cut short in January 2021 by Bannon’s presidenti­al pardon. They have pleaded not guilty to charges including money laundering, fraud and conspiracy.

Talk of We Build the

Wall’s collapse upstaged Bannon in his first court appearance since being forced to find new lawyers after his old ones said they had “irreconcil­able” difference­s about how to proceed.

Bannon, a conservati­ve strategist and longtime ally of former President Donald Trump, has hired New York City lawyer Harlan Protass, and Joshua Kirshner, John Carman and Susan Scaring Carman, who are based on Long Island.

Separately, last week, a law firm that represente­d Bannon in previous legal matters sued him, alleging that he stiffed them out of more than $480,000 in legal fees.

Bannon’s legal line change will only prolong the case as his new lawyers get up to speed on what they said was 32 terabytes of digital evidence — equivalent to the storage on 32 of the biggest iPhones, or more than 2,000 Gmail accounts — that’s been turned over by the Manhattan district attorney’s office.

One of Bannon’s lawyers left court Tuesday holding a hard drive full of evidence that he said prosecutor­s gave him just before the hearing began.

“We’ve been on the case five days. We are digging in,” Protass said.

Assistant District Attorney Daniel Passeser said despite the defense’s eye-popping estimate, there were probably fewer terabytes of evidence that needed to be reviewed — and that the biggest files were ultra-high definition videos that take up a lot of space but don’t necessaril­y take a lot of time to watch.

Some of the prosecutio­n’s evidence came from Manhattan federal prosecutor­s, whose efforts to put Bannon behind bars were upended by Trump’s pardon. Passeser said prosecutor­s ran into delays in receiving that material from the

U.S. attorney’s office. Statelevel charges aren’t covered by presidenti­al pardons.

Judge Juan Manuel Merchan, exasperate­d with the case’s growing calendar, scolded prosecutor­s for not providing evidence sooner but also blamed Bannon for squabbling with his previous set of lawyers and squanderin­g the nearly six months that have passed since his arrest.

“Part of that is Mr. Bannon’s own doing because he couldn’t get along with his lawyers or they couldn’t get along with him,” Merchan said. “We can’t keep dragging this out.”

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