TRUMP ALLY BANNON ENTERS NOT GUILTY PLEA
No date set for trial on pair of contempt charges
Steve Bannon, the former Trump White House adviser who was indicted last week after defying a congressional subpoena, pleaded not guilty to contempt-of-Congress charges, but no trial date was set after his lawyers said in a hearing Thursday that pretrial preparation could be lengthy.
Bannon, 67, entered his plea in writing Wednesday, and U.S. District Judge Carl Nichols agreed to waive formal arraignment Thursday. Bannon and his attorneys appeared by video to discuss the status of the case.
Assistant U.S. Attorney Amanda Vaughn told Nichols that the government was ready to supply pretrial discovery and that “in our view, it’s a very straightforward case about whether the defendant showed up.” She was ready to set a trial date.
But Bannon attorney Evan Corcoran said that the case was likely to be far more complicated and that he did not want to agree to the prosecution’s standard protective order for discovery, which prohibits either side from releasing documents or evidence publicly.
“We’re just very concerned,” Corcoran said, “there would be the keeping from public view of documents where there is a compelling public interest in disclosure.”
Corcoran agreed to receive the documents and not disclose them publicly, and Nichols agreed not to enter a protective order until Corcoran had time to raise objections to withholding any of them from the public. Vaughn said there were “less than 20 documents” to be provided, most of which the defense already has because they involved Bannon’s correspondence with the House committee seeking his cooperation. Corcoran said there was likely to be a need for the defense to do further investigation to locate more documents and witnesses.
Nichols set a date of Dec. 7 for the parties to return and discuss the protective order and a trial date.
Bannon, like former President Donald Trump, has refused to comply with an order from the House committee investigating the Jan. 6 insurrection to turn over records and testify about his actions leading up to the attack, when a pro-Trump mob stormed the U.S. Capitol trying to stop the certification of President Joe Biden’s Electoral College win.
Democrats and a handful of anti-Trump Republicans argue that the indictment was necessary to enforce subpoenas issued by the Jan. 6 committee to Trump associates who are resisting cooperation and to witnesses summoned by other congressional panels.
Bannon surrendered to federal authorities Monday and was released on personal recognizance after making his first court appearance that afternoon. He remained defiant as he entered the FBI field office in downtown Washington, saying: “I don’t want anybody to take their eye off the ball for what we do every day . ... We’re taking down the Biden regime.”
In court Monday, Bannon appeared before U.S. Magistrate Judge Robin Meriweather, who read the charges against him: two counts of contempt of Congress, each punishable by at least 30 days and up to a year in jail if convicted, and up to a $100,000 fine.
Prosecutors did not seek detention for a misdemeanor offense, and Bannon was released after swearing to comply with pretrial court supervision. Afterward, he spoke outside the courthouse to reporters while protesters held up a sign reading “coup plotter” behind them.
“I’m telling you right now this is going to be the misdemeanor from hell for Merrick Garland, Nancy Pelosi and Joe Biden,” Bannon told reporters, referring the U.S. attorney general, the House speaker and the president. “We’re going to go on the offense on this and stand by.”
The committee wants to question Bannon about activities at the Willard hotel the night before the riot, when Trump supporters sought to persuade Republican lawmakers to block certification of the 2020 election results. The subpoena noted that Bannon predicted “hell is going to break loose” Jan. 6, and the committee’s report recommending that he be found in contempt said the comments indicated he “had some foreknowledge about extreme events that would occur the next day.”