WILLIAM UPTON
BREAKING: Steve Bannon’s Lawyers Ask for Early Release. Here’s How it Could Work
The attorney for former White House Chief Strategist and War Room host Stephen K. Bannon has filed a motion asking the U.S. District Court “to reimpose bail pending appeal or to impose supervised release.”
In the motion, R. Trent McCotter—a partner with Boyden Gray PLLC—argues that “every order short of a final decree is subject to reopening at the discretion of the district judge.”
McCotter contends that the District Court should reimpose bail or supervised releaseas new developments in Bannon‘s suggest a grant—or at least substantial dissent from denial—ofthe en banc appeal before the D.C. Circuit Court is likely.
Additionally, the motion notesCircuit Court Judge Justin R. Walker has reversed course on the panels’ original May 10 decision and issued a full dissent instead of joining the ruling in part.
This change in opinion by Judge Walker, McCotter insists,represents a substantial legal issue on appeal for purposes of bail.
Additionally, McCotter notes that the July 15 en banc appeal filed by Bannon saw the D.C. Circuit ==ask the Biden–Harris Department of Justice (DOJ) to file a response as to the “the meaning of ‘willfully’ in 2 U.S.C. § 192."
Such a move by the court is rare, leading McCotter to conclude that this, too, “signals the substantiality” of legal changes in the case and the potential for the full circuit to reverse the panel’s decision.==
Finally, McCotter notes thateven the Biden–Harris DOJ is now acknowledging they can only find one case in all U.S. case law that defines “willfully” in the same manner they have.
Bannon’s attorney contends that this represents a third substantial legal change that would allow revisiting the bail ruling.Should the District Court find in Bannon‘s favor, he could quickly be released on bail pending his ongoing legal appeals.
https://thenationalpulse.com/2024/08/29/breaking-steve-bannons-lawyers-ask-for-early-release-heres-how-it-could-work/