Bannon’s defense seeks acquittal then rests case
WASHINGTON (AP) — Steve Bannon's lawyer opened his defense Thursday, asking the judge for a direct acquittal, arguing that prosecutors had not proven their contempt-of-Congress case against the former adviser to then-President Donald Trump. Then the defense rested without bringing any witnesses.
Bannon lawyer Evan Corcoran said the prosecution's case concerning Bannon's resistance to the Jan. 6 committee's subpoena rested on the testimony of Kristin Amerling, the panel's chief counsel and it was "clear from her testimony that the dates were in flux."
In making his motion for acquittal before U.S. District Judge Carl Nichols, Corcoran said that "no reasonable juror could conclude that Mr. Bannon refused to comply."
Corcoran then rested the defense case. Nichols said he would rule later on the acquittal motion.
Throughout the trial Corcoran has tried to establish that the deadline for the onetime Trump strategist to appear before the House committee investigating the Capitol riot was flexible as long as the two sides were on negotiating terms.
In opening statements Corcoran argued that the charges against Bannon were politically motivated and that the former adviser was engaged in good-faith negotiations with the congressional committee when he was charged. "No one ignored the subpoena," Corcoran told the jury.
In reality, Corcoran said, one of Bannon's previous lawyers, Robert Costello, contacted an attorney for the House committee to express some of Bannon's concerns about testifying.
"They did what two lawyers do. They negotiated," Corcoran said, adding that Bannon and his legal team believed "the dates of the subpoena were not fixed; they were flexible."
Bannon was in an unofficial capacity to Trump at the time of the insurrection on Jan. 6, 2021, and is charged with defying a congressional subpoena from the House committee investigating the aftermath of the 2020 election and the events leading up to the deadly riot.
Bannon was indicted in November on two counts of criminal contempt of Congress, a month after the Justice Department received the House panel's referral. Each count carries a minimum of 30 days of jail and as long as a year behind bars upon conviction.