Steve Bannon prison sentence would only ‘strengthen’ MAGA base: Attorney
Kaelan Deese May 16, 2024
Former Trump administration adviser and War Room podcast host Steve Bannon could soon find himself behind bars for his contempt of Congress conviction, a dire possibility his attorney said would only “strengthen” the former president’s base.
The Justice Department requested this week that the judge overseeing Bannon’s criminal contempt case start his four-month prison sentence after an appeals court last week upheld his conviction. Bannon’s attorney David Schoen told the Washington Examiner on Wednesday thefederal government’s request “reflects a completely political agenda.”
“It should tremendously strengthen the base,” Schoen said, adding that Bannon is willing to fight the case up to the Supreme Court.“It is unprecedented to prosecute such a case and now to try to send him to prison without having to prove any criminal intent.”
Bannon, 70, was convicted in 2022 for failing to appear for a deposition ordered by the now-defunct Jan. 6 committee, as well as refusing to turn over documents the committee subpoenaed. His legal team appealed, and a three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit upheld his contempt conviction on May 10.
Now,DOJ prosecutors say there is no legal basisfor U.S. District Judge Carl Nichols, Bannon’s trial court judge, tocontinue delaying his prison sentence.
Bannon said he was “shocked they want to silence the voice of MAGA” in response to the threat of prison time.
The one-time adviser to former President Donald Trump is a luminary for his base. The War Room podcast is considered an influential beacon for Republicans across the country, ranking in the top 40 podcasts in the “News” category for Apple Podcasts. A four-month prison sentence for Bannon in the heat of the 2024 election season would bring a marked change to the daily War Room show that draws hundreds of thousands of viewers each month.
For example, Rep. Stacey Plaskett (D-VI) scolded House Judiciary Committee Chairman Jim Jordan (R-OH) for holding a hearing on Wednesday in defense of Trump amid the former president’s criminal hush money trial, blaming Bannon and Fox News host Maria Bartiromo, among others, for pushing Jordan to hold the hearing.
“We’re here at the beck and call of Trump fanatics and talking heads on cable and internet talk shows in the MAGA world who, like Bartiromo and Bannon, have goaded this committee to act,” Plaskett said.
Article III Project founder Mike Davis, a frequent War Roomguest and former clerk to Supreme Court Justice Neil Gorsuch, told the Washington Examinerthat any prison time would “turn Bannon into a martyr.”
“Biden and these Biden Democrats are trying to illegally gag President Trump in a courtroom, and they’re trying to throw his most effective outside voice, Steve Bannon, in prison before the election,” Davis said.
The latest legal blow to Bannon followed a decision last month against former Trump adviser Peter Navarro, who is serving a four-month prison sentence in Florida for failing to comply with a subpoena from the decommissioned Jan. 6 committee as well.
Lawyers for Bannon initially argued at the trial court that his testimony was protected by Trump’s claim of executive privilege, but the DOJ argued that claim did not stand to muster because Trump fired Bannon from the White House in 2017.Schoen said they would seek a rehearing at the D.C. Circuit before all 11 judges, noting the case raises “important criminal law” questions, including advice of counsel and separation of powers matters.
Bannon’s Washington trial court judge, Nichols, a Trump appointee, cited a long-standing court decision called Licavoli in restricting Bannon from using an “advice of counsel” defense. Nichols said =Bannon’s appeal “raises a substantial question of law that is likely to result in a reversal or an order for a new trial==.”
But the D.C. Circuit ruled that “defense is no defense at all.” Bannon failed to “clear a high bar” in order to divert from that long-standing precedent, the panel said.
Nichols ordered Bannon to respond to prosecutors’ motion to modify his condition of release by May 20, and with a request for a rehearing before the appeals court and the remaining potential for him to seek Supreme Court relief, Bannon is unlikely to have to report to prison immediately.
“We don’t send people to jail without some finding of a belief that what he was doing was wrong,”Schoen said.
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