Steve Bannon defense seeks acquittal, then rests its case
Trump ally Steve Bannon declined to testify and his lawyers did not call any witnesses in his contempt of Congress trial Thursday, instead arguing the judge should just acquit him, saying prosecutors hadn't proven their case.
The decision to call no witnesses in Bannon's defense cleared the way for closing arguments to begin today. The judge didn't immediately rule on the motion for an acquittal and the case is likely to end up in the jury's hands by midday.
One of Bannon's lawyers, David Schoen, contended they should able to call Rep. Bennie Thompson, the Democratic chairman of the House Jan. 6 committee, which had subpoenaed Bannon's testimony, to question him under oath instead of the congressional lawyer who testified during the trial. The judge had previously ruled against that request.
In court, Bannon nodded and smiled as another of his lawyers, Evan Corcoran, argued that the timing of when Bannon could comply with the congressional subpoena was flexible and said testimony from the House panel's chief lawyer, Kristin Amerling, had made clear “that the dates were in flux.”
In making the argument, Corcoran said that “no reasonable juror could conclude that Mr. Bannon refused to comply.”
Bannon's team also told the judge that Bannon saw no point in testifying since the previous rulings had gutted his planned avenues of defense. Schoen said Bannon “understands that he would be barred from telling the true facts.”
Corcoran then rested the defense case. U.S. District Judge Carl Nichols said he would rule later on the motion for an acquittal.
Throughout the trial, Corcoran has tried to establish that the deadline for the onetime strategist to former President Donald Trump 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 goodfaith 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.