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Bannon: Former Trump adviser sentenced to 4 months in prison

Former Trump adviser Stephen Bannon appears in Manhattan Supreme Court to set a motion schedule and possible trial dates for corruption case. Curtis Means for DailyMail.com/ Pool

Steve Bannon defied a congressional subpoena. Find out his punishment

01:27 – Source: CNN

  • Former Trump adviser Steve Bannon was sentenced to four months in prison for contempt of Congress after defying a subpoena from the Jan. 6 committee. He was also fined $6,500.
  • Bannon will not have to serve the sentence until the appeal of his conviction plays out, the federal judge said, fulfilling the ex-Trump aide’s request. Bannon was also seeking probation. 
  • The sentence is less than what federal prosecutors sought. The Justice Department wanted Bannon to be sentenced to six months and be fined $200,000.
  • Bannon was found guilty in July of two counts of contempt of Congress. Friday’s sentencing is a milestone moment in the DOJ’s Jan. 6 response, as prosecutors say by “flouting” the subpoena, Bannon “exacerbated” the assault on the rule of law that the US Capitol attack amounted to. The sentencing also came as the committee announced it had officially sent a subpoena to Trump for testimony and documents.

Our live coverage has ended. Read more about today’s events in the posts below.

Stephen Bannon leaves federal court after being sentenced to four months in prison on October 21 in Washington, DC. 

Stephen Bannon leaves federal court after being sentenced to four months in prison on October 21 in Washington, DC. 

Chip Somodevilla/Getty Images

Former Trump adviser Steve Bannon appeared in a federal court in Washington, DC, on Friday and was sentenced for contempt of Congress after defying a subpoena from the House committee investigating the Jan. 6 Capitol attack.

Here’s what you need to know about today’s sentencing — and what happens next:

Guilty on two counts: A federal jury found Bannon guilty in July of contempt for refusing to appear for the panel’s deposition and produce documents. The conviction was a victory for the House committee as it aimed to seek cooperation of reluctant witnesses in its historic investigation.

The sentence: Judge Carl Nichols – a Trump appointee – sentenced Bannon to four months on each count — running concurrently — along with a fine of $6,500. The sentence is less than what federal prosecutors sought. The Justice Department wanted Bannon to be sentenced to six months and be fined $200,000.

He won’t have to serve his sentence yet: After Bannon was sentenced, the federal judge said the ex-Trump aide wouldn’t have to serve his sentence until the appeal of his conviction plays out, which is what Bannon had requested.

What both sides said in court: Federal prosecutors argued that Bannon should be dealt a $200,000 fine — above the $1,000-100,000 guideline and the statutory maximum for the two counts of contempt he is facing. They pointed to Bannon’s refusal to provide the probation office with details about his finances as the reason for the particularly harsh fine. Department of Justice attorney JP Cooney argued that it “amplifies” his contempt for the law. They also said that citizens have put themselves in harm’s way all the time to comply with subpoenas, but Bannon “suffered no such threats” and “thumbed his nose at Congress.” Meanwhile, Bannon’s attorney David Schoen pushed back on the idea that a lack of remorse from Bannon should warrant a harsher punishment. He claimed Bannon was upholding American values and the institutions of government, including the White House. Schoen also argued that Bannon was not acting above the law, but was acting consistently with the law, because of his concerns about executive privilege.

What happens next: Bannon has 14 days to file his appeal, the judge said. If he doesn’t file that appeal, then Bannon will have to make arrangements to surrender voluntarily no later than Nov. 15. Bannon’s attorneys have already made clear they planned to appeal his conviction to the US Court of Appeals for the DC Circuit.

How Bannon reacted: Bannon decided not to speak in court, but the former Trump adviser briefly addressed reporters outside after the hearing, saying voters would cast their own verdict on Democrats and the Justice Department in the midterm elections in November. “Today was my judgment day by the judge,” Bannon said. “On Nov. 8, there’s going to (be) judgment on the illegitimate Biden regime … and quite frankly, Nancy Pelosi and the entire (House Jan. 6) committee.”

Trump subpoena: As Bannon’s sentencing unfolded today, former President Donald Trump also faced a showdown with the panel. The Jan. 6 committee announced on Friday that the panel had officially subpoenaed Trump to try to compel him to sit for a deposition under oath and to provide documents.

Former President Donald Trump gets ready to speak during a Save America rally on October 1 in Warren, Michigan.

Former President Donald Trump gets ready to speak during a Save America rally on October 1 in Warren, Michigan.

Emily Elconin/Getty Images

As Steve Bannon faces legal battles with the Jan. 6 committee over defying a subpoena, former President Donald Trump is also facing a showdown with the panel.

The House select committee investigating the Jan. 6 attack on the US Capitol announced on Friday that the panel has officially sent a subpoena to Trump.

The committee issued the subpoena to try to compel Trump to sit for a deposition under oath and to provide documents. The panel is ordering Trump turn over documents by Nov. 4 and either appear in person or virtually for “one or more days of deposition testimony beginning on or about November 14.”

While it is not clear if Trump will comply with the subpoena, the action serves as a way for the committee to set down a marker and make clear they want information directly from Trump as the panel investigates the attack. Trump could also fight the subpoena in court, possibly setting up a hugely significant battle that could go to the highest level of the nation’s Judicial branch, but it’s also possible such a legal challenge would outlast the committee’s mandate.

Ahead of the subpoena’s release, the committee’s vice chairwoman, Republican Rep. Liz Cheney of Wyoming said at a Harvard event earlier this week she assumes Trump will fulfill his legal obligation and honor the committee’s subpoena, “but if that doesn’t happen, then we’ll take the steps we need to take after that, but I don’t want to go too far down that path at this point.”

Unlike with previous subpoena announcements, the committee released on Friday the entire subpoena it sent to Trump along with the documents it is requesting.

“As demonstrated in our hearings, we have assembled overwhelming evidence, including from dozens of your former appointees and staff, that you personally orchestrated and oversaw a multi-part effort to overturn the 2020 presidential election and to obstruct the peaceful transition of power,” Cheney and Democratic Rep. Bennie Thompson of Mississippi, the committee’s chairman, write in the subpoena letter.

The panel summarizes what it presented in its hearings to demonstrate why it believes Trump “personally orchestrated and oversaw” the efforts to overturn the election.

Cameras were not allowed in the Washington, DC, federal courtroom where US Judge Carl Nichols announced ex-Trump adviser Steve Bannon’s sentence on Friday. 

CNN sent sketch artist Bill Hennessy to capture the scene inside the courtroom as the sentencing proceedings unfolded.

Bannon can be seen sitting alongside his attorney David Schoen as the federal judge announces the sentence after Bannon’s team and federal prosecutors spoke in court.

Bill Hennessy

Bill Hennessy

Bill Hennessy

In the sketches below, Department of Justice attorney JP Cooney gestures to Bannon as he requests the max sentence. Schoen points toward the federal prosecutors as he argues for a lower sentence.

Bill Hennessy

Bill Hennessy

Steve Bannon speaks to the media on Sept. 8 when he pleaded not guilty to New York state charges of money laundering, conspiracy and fraud related to an alleged online scheme to raise money for the construction of a wall along the southern US border.

Steve Bannon speaks to the media on Sept. 8 when he pleaded not guilty to New York state charges of money laundering, conspiracy and fraud related to an alleged online scheme to raise money for the construction of a wall along the southern US border.

David Dee Delgado/Getty Images

Federal prosecutors wanted Steve Bannon to be sentenced to six months in prison for contempt of Congress, according to a recommendation filed Monday. In addition to serving time, the government was seeking $200,000 in fines.  

However, Judge Carl Nichols – a Trump appointee — sentenced Bannon Friday to four months in prison and dealt a $6,500 fine. The federal judge said Bannon will not have to serve the sentence until the appeal of his conviction plays out, which Bannon had requested.

In their court filing earlier this week, federal prosecutors outlined their reasonings for a harsher sentence:

“For his sustained, bad-faith contempt of Congress, the Defendant should be sentenced to six months’ imprisonment — the top end of the Sentencing Guidelines’ range—and fined $200,000 — based on his insistence on paying the maximum fine rather than cooperate with the Probation Office’s routine pre-sentencing financial investigation,” federal prosecutors wrote in their court filing.

They said he did not fully comply with the probation office in their pre-sentencing investigation, writing that Bannon “freely answered questions about his family, professional life, personal background, and health. But the Defendant refused to disclose his financial records, instead insisting that he is willing and able to pay any fine imposed, including the maximum fine on each count of conviction.”

Prosecutors added: “The rioters who overran the Capitol on January 6 did not just attack a building — they assaulted the rule of law upon which this country was built and through which it endures. By flouting the Select Committee’s subpoena and its authority, the Defendant exacerbated that assault.” 

What happened in court Friday: Federal prosecutors reiterated these points, arguing that Bannon should be dealt a $200,000 fine — that is above the $1,000-100,000 guideline and the statutory maximum for the two counts of contempt he is facing.

Federal prosecutors pointed to Bannon’s refusal to provide the probation office with details about his finances as the reason for why he should be dealt the particularly harsh fine.

The judge however sounds skeptical, suggesting that Bannon didn’t really concede that the $200,000 fine was appropriate.

Federal prosecutors continued to press, telling the judge that citizens put themselves in harm’s way all the time to comply with subpoenas, but Bannon “suffered no such threats” and “thumbed his nose at Congress.”

Bannon was found guilty by a jury in July of two counts of contempt of Congress.

CNN’s Holmes Lybrand contributed reporting to this post.

US federal judge Carl Nichols laid out next steps after deciding that ex-Trump adviser Steve Bannon will not have to serve the four-month prison sentence until his appeal plays out.

Here’s how things will unfold:

  • Bannon has 14 days to file his appeal.
  • If he doesn’t file that appeal, then Bannon will have to make arrangements to surrender voluntarily no later than Nov. 15, the judge said.

Bannon’s attorneys have already made clear they planned to appeal his conviction to the US Court of Appeals for the DC Circuit.

Former Trump adviser Steve Bannon’s trial concluded today as he was sentenced to four months in prison and dealt a $6,500 fine.

Bannon was stoic throughout the proceedings, in contrast with when the jury announced his guilty verdict and he was smiling and animated. Yet after the judge announced he would not have to serve the jail time while he appeals, Bannon cracked a smirk.

He thanked his attorney David Schoen several times — and just before exiting the courtroom after the proceeding ended, he walked up to the lectern facing the judge, put his hands down as if he were going to speak, then walked away.

And in one of his most unusual choices in a federal sentencing, where defendants often take great pains to show respect for the court, Bannon did not wear a suit. Instead, he had on a barn coat and several navy blue shirts.

There were also some dramatic moments from Bannon and his legal team.

Schoen argued much more forcefully — yelling at some points — as he railed against the House select committee investigating the Jan. 6 attack, the Democratic-led Congress, and the Justice Department, several times cracking open his paperback copy of the Federalist Papers to read quotes from James Madison.

“It’s a case in which Mr. Bannon should make no apology. No American should make any apology,” Schoen said in a nearly 30-minute argument in which the judge didn’t interrupt him at all.

Schoen pointed out that Bannon had great respect for the executive branch, thus his willingness to try to keep information Trump might not want others to learn from the committee.

Steve Bannon who was found guilty of contempt of Congress charges in July for refusing a subpoena about the January 6th attack on the U.S. Capitol speaks to reporters after his sentencing hearing at U.S. District Court in Washington, on October 21.

Steve Bannon who was found guilty of contempt of Congress charges in July for refusing a subpoena about the January 6th attack on the U.S. Capitol speaks to reporters after his sentencing hearing at U.S. District Court in Washington, on October 21.

Jonathan Ernst/Reuters

Former Trump adviser Steve Bannon briefly addressed reporters after receiving his four-month sentence this morning, saying voters would cast their own verdict on Democrats and the Justice Department in the midterm elections in November.

“I respect the judge, the sentence he came down with today. It’s his decision. I fully respect — I’ve been totally respectful this entire process on the legal side,” Bannon said.

“Today was my judgment day by the judge. And he stated for the appeal, and we’ll have a vigorous appeals process. I’ve got a great legal team and there will be multiple areas of appeal,” Bannon continued.

“On Nov. 8, on Nov. 8, there’s going (be) judgment on the illegitimate Biden regime … and quite frankly, Nancy Pelosi and the entire (House Jan. 6) committee,” he added.

Bannon said voters are “weighing and measuring” the Justice Department and committee members’ actions, “and they will vote on Nov. 8.”

As Bannon talked to cameras outside, people on megaphones began shouting “traitor” and “lock him up,” joined by a chorus of other protesters who carried signs to the same effect.

CNN’s Holmes Lybrand contributed reporting to this post.

After US federal judge Carl Nichols sentenced former Trump adviser Steve Bannon to four months in prison along with a $6,500 fine, Bannon’s attorney announced the team will be filing a notice of appeal.

“We certainly fully respect the judge’s decision. But we’ll be filing a notice of appeal as the judge indicated,” Bannon’s attorney David Schoen told reporters after the sentencing on Friday.

“I’ve said it before and I would confirm it, I believe that the appeal in this case is bulletproof,” Schoen added. “The Constitutional issues involved in this case are very important, but Mr. Bannon never got to tell the reason for his actions with respect to the subpoena, never got to tell his story because the government insisted from day one on prohibiting any mention and any evidence or any discussion to go before the jury as to why Mr. Bannon reacted as he did to the subpoena on the advice of counsel.”

“His silence was at my direction,” Schoen added on why Bannon did not speak in court.

Schoen also expressed gratitude for Judge Nichols.

“As usual the judge listened carefully and entered a decision that he thought was appropriate,” he added. “Very grateful to the judge for thinking through the issues candidly and it is an extraordinary move to permit a stay pending appeal. It was an appropriate move.”

Bannon would not have to serve the four month sentence until the appeal of his conviction plays out, the judge had said earlier on Friday.

Before announcing the sentence, US District Judge Carl Nichols laid out the factors cutting in favor and against substantial sentence for former Trump adviser Steve Bannon.

Nichols called the events of Jan. 6 “serious,” and backed the committee’s interest in investigating it.

He said there were “problems” with Bannon’s position that the Trump assertions of privilege precluded him testifying or turning over any document. Nichols said that it was possible that some of the documents Bannon had or topics he would have been asked about could have been covered by privileged, but as a private citizen who had been out of government for years, Bannon was less likely to have privileged documents than others.

The judge also pointed to the failure of Bannon to produce any documents to the committee, or assemble a privilege log. Those factors cut towards a harsher sentence, the judge said.

In Bannon’s favor, the judge said, was that the subpoena did raise potential legal issues, because it concerned someone who spoke directly to the President. Nichols noted that Bannon did not ignore the subpoena outright, and was using a lawyer to engage with the committee. He also said the committee’s move to quickly hold hold Bannon in contempt, rather than using a civil lawsuit to force compliance, cut in Bannon’s favor. The judge also highlighted some aspects of Bannon’s resume.

Nichols reiterated that Bannon has not shown remorse, but said that Bannon had been compliant with the conditions of his pretrial release and in all proceedings in his court.

“I conclude that Mr. Bannon appears to be of perhaps some very small risk of recidivism,” the judge said, at least when it comes to subpoenas.

Also weighing on the sentence, the judge said, was that others must be deterred of similar crimes.

US District Judge Carl Nichols said that former Trump adviser Steve Bannon will not have to serve his four-month sentence until the appeal of his conviction plays out.

Bannon has been sentenced to four months in prisons for each count — running concurrently — in the contempt of Congress case stemming from his refusal to comply with a House January 6 committee subpoena. The judge also levied a $6,500.

Former Trump adviser Steve Bannon has been sentenced to four months in prison for each count — running concurrently — in the contempt of Congress case. The judge also levied a $6,500 fine. 

Former Trump adviser Steve Bannon has been sentenced to four months in prison for each count — running concurrently — in the contempt of Congress case. The judge also levied a $6,500 fine. 

Drew Angerer/Getty Images

Former Trump adviser Steve Bannon has been sentenced to four months in prison for each count — running concurrently — in the contempt of Congress case stemming from his refusal to comply with a House January 6 committee subpoena.

The judge also levied a $6,500 fine.

The Justice Department was seeking a six-month sentence and fine of $200,000. Bannon was seeking probation and asking for the sentencing to be delayed pending his appeal.

Judge Carl Nichols has reconvened court for sentencing proceedings after a 15-minute break.

He is expected to make a pronouncement on former Trump adviser Steve Bannon’s sentencing. 

Before Judge Carl Nichols called a recess in Steve Bannon’s sentencing hearing, his attorneys — primarily David Schoen — spoke for about 45 minutes in favor of the former Trump adviser receiving leniency from the judge.

Schoen argued that Bannon was not acting above the law, but was acting consistently with the law, because of his concerns about executive privilege. “That’s the kind of conduct we should encourage in this country,” Schoen said.

He spoke extensively about James Madison, the fourth US president, claiming Madison would have seen the prosecutors’ approach as “tyranny.”

Bannon believed at all times, Schoen said, “that he took the only lawful course open for him.”

Schoen’s remarks included attacks against the prosecutors’ conduct in the case. He also attacked a Trump attorney who the Justice Department interviewed to put forward evidence that Bannon did not have reason to believe his entire testimony was precluded by executive privilege.

Schoen defended the critical remarks Bannon has made about the House Jan. 6 committee, which the prosecutors have pointed to as a sign of Bannon’s contempt.

Schoen said if Bannon meant to show contempt to Congress, his response to the subpoena would have been: “Screw you Congress, take your subpoena and shove it.”

After Steve Bannon’s attorneys argued for 45 minutes in favor of receiving leniency from the judge, the former Trump adviser said he did not wish to speak during today’s sentencing proceedings.

A brief court recess is now underway.

Judge Carl Nichols has called a short recess.

He is expected to make a pronouncement on former Trump adviser Steve Bannon’s sentencing when proceedings resume in the federal courtroom in Washington, DC. 

Attorney David Schoen (L) and Steve Bannon arrive at federal court for a sentencing hearing on Friday, October 21.

Attorney David Schoen (L) and Steve Bannon arrive at federal court for a sentencing hearing on Friday, October 21.

Nathan Howard/AP

Steve Bannon’s attorney David Schoen used the discussion over the fines the former Trump adviser could face as an opportunity to argue his bigger picture issues with his prosecution. He sought to push back on the idea that a lack of remorse should warrant a harsher punishment.

“Mr. Bannon should make no apology,” Schoen said Friday, as he railed against how the case proceeded.

“There is nothing here to deter, there is nothing here to punish,” Schoen said, claiming the prosecution ran afoul of the Constitution.

Schoen claimed that Bannon was upholding American values and the institutions of government, including the White House.

“That’s not a man who thinks he’s above the law,” he added, saying that Bannon was trying to act consistently with the law by asking the committee to take the dispute over his subpoena to court. “Thats the kind of conduct we should encourage in this country.”

As proceedings in former Trump adviser Steve Bannon’s sentencing continue, the Department of Justice is arguing that Bannon should be dealt a $200,000 fine — that is above the $1,000-100,000 guideline and the statutory maximum for the two counts of contempt he is facing.

Federal prosecutors pointed to Bannon’s refusal to provide the probation office with details about his finances as the reason for why he should be dealt the particularly harsh fine.

Department of Justice attorney JP Cooney argued that it “amplifies” his contempt for the law.

The judge however sounds skeptical, suggesting that Bannon didn’t really concede that the $200,000 fine was appropriate.

Cooney continued to press, telling the judge that citizens put themselves in harm’s way all the time to comply with subpoenas, but Bannon “suffered no such threats” and “thumbed his nose at Congress.”

There is a mandatory one-month minimum of imprisonment for former Trump adviser Steve Bannon’s offense, US federal Judge Carl Nichols said Friday.

Nichols said Bannon’s attorney David Schoen was unsuccessful in trying to convince the judge that there’s no mandatory minimum with contempt charge.

The former Trump aide was convicted this summer on two counts of contempt of Congress: one for his refusal to testify in the House January 6 committee’s investigation and the other for his failure to turn over the documents the committee demanded.

Bannon is seeking just probation — a recommendation that the Justice Department had called “unlawful” because the statute sets the sentencing floor at one month and a ceiling at one year per count.

After a short discussion of the dispute, the judge ultimately agreed with the prosecutors, calling the language of the statute “clear.” He also clarified, with that in mind, that the sentencing guidelines are one to six months.

Judge Carl Nichols began former Trump adviser Steve Bannon’s hearing with a review of the pre-sentencing report that the probation office prepared for the sentencing.

He then determined the calculation of the sentencing guidelines for the offense, which the judge may still ultimately deviate from.

He agreed with the government’s calculations, finding that Bannon’s conduct was analogous to a contempt of court offense. He also agreed with the government that Bannon was not entitled to a reduction in the guidelines for acceptance of responsibility.

Steve Bannon speaks to members of the media on September 8, in New York City.

Steve Bannon speaks to members of the media on September 8, in New York City.

David Dee Delgado/Getty Images

Steve Bannon, the ex-adviser to former President Donald Trump, will be sentenced on Friday for criminal contempt of Congress after defying a subpoena from the House committee investigating the January 6, 2021, insurrection.

The sentencing hearing is underway now in a federal courtroom in Washington, DC. Judge Carl Nichols – a Trump appointee – will hand down the penalty.

Here’s what to know going into Bannon’s sentencing:

It’s possible Bannon won’t be serving his sentence any time soon: Nichols will not only be deciding what punishment Bannon should face; the judge will also determine whether that punishment will wait until after the Trump ally’s appeal of his conviction has played out.

Bannon has asked the judge to delay his sentence until after the US Court of Appeals for the District of Columbia Circuit considers his case, a process that could take several months. Nichols may be inclined to grant that request.

The contempt of Congress charge is only a misdemeanor. And throughout the proceedings, Nichols has expressed sympathy to the legal arguments Bannon was making about why the government’s case against him was flawed. The judge said, however, that he was bound by decades-old DC Circuit precedent that severely limited what kind of evidence Bannon could put forward in his defense.

The government wants him to serve six months in prison: The Justice Department told the judge in court filings that Bannon should serve six months in prison for his crimes, with prosecutors emphasizing the “bad faith” they say Bannon showed in how he approached both the subpoena and the prosecution that was brought against him

Such a sentence would be on the upper end of the one to six months sentencing range contemplated by the guidelines the US Probation Office put forward. The DOJ sentencing memo attacked the arguments Bannon put forward that he was merely listening to the advice of his attorneys in not complying, as the prosecutors highlighted the fiery remarks he made publicly about the case.

Bannon is asking for probation, or at most home confinement: Bannon is requesting that the judge sentence him to probation. In doing so, his filings with the court have not stressed his remorse but rather argued how unfair it would be for him to be jailed. Bannon teed up suggestions that the prosecution had partisan motivations, while claiming that the case law that shaped his trial was “outdated” and that he was only listening to the advice of his lawyers in not complying with the subpoenas.

Bannon could be hit with a $200,000 fine: Bannon’s offense also comes with a maximum fine of $200,000 – $100,000 per count. According to the DOJ’s filings, Bannon has already conceded to paying that maximum penalty because he refused to share with the probation office details about his finances.

Former President Donald Trump speaks at a rally on May 28, 2022, in Casper, Wyoming.

Former President Donald Trump speaks at a rally on May 28, 2022, in Casper, Wyoming.

Chet Strange/Getty Images

Amid Steve Bannon’s battles with the Jan. 6 committee, former President Donald Trump is also facing a showdown with the panel.

The committee voted to subpoena Trump for documents and testimony during a high-profile public hearing on Oct. 13. The unanimous vote marked a significant escalation by the panel that will set up a standoff with the former President. 

It is not expected that Trump will comply with the subpoena, but the action serves as a way for the committee to set down a marker and show that it wants information directly from Trump as the panel investigates the attack.

The vote took place at the end of the hearing, as the panel made a case to the American public ahead of the midterm election that Trump lied about the outcome of the 2020 election and spurred on a violent mob of his supporters to attack the Capitol.

“It is our obligation to seek Donald Trump’s testimony,” the panel’s chair, Rep. Bennie Thompson, a Mississippi Democrat, said ahead of the subpoena vote during the hearing.

“The need for this committee to hear from Donald Trump goes beyond our fact finding,” he said. “This is a question about accountability to the American people. He must be accountable. He is required to answer for his actions. He is required to answer to those police officers who put their lives and bodies on the line to defend our democracy. He is required to answer to those millions of Americans whose votes he wanted to throw out as part of his scheme to remain in power.”

The subpoena will surely trigger a prolonged court battle over Trump’s possible compliance, which could even outlast the committee itself. Republicans have pledged to shut down the Democratic-run panel if they retake the House majority in the midterm election next month.

Trump has previously derided the panel as an “Unselect Committee of Political Thugs and Hacks” and said its members are “evil, sinister and unpatriotic.” He has also complained that the committee’s “partisan kangaroo court” proceedings have “allowed no due process, no cross-examination and no real Republican members of witnesses to be present or interviewed.”

Former Trump-adviser Steve Bannon pushed back on federal prosecutors’ recommendation that he serve six months in prison for his contempt of Congress conviction, defending his public remarks attacking the Justice Department and lawmakers as the case played out.

“Mr. Bannon should not be punished for speaking out against official over-reaching. Defiance in the face of government wrongdoing is reverence for justice,” he said in a new court filing on Thursday — on the eve of his sentencing proceedings on Friday in federal court in Washington, DC.

Justice Department prosecutors had highlighted his inflammatory remarks in their sentencing memo, which pointed to his comments as a sign of Bannon’s “total disregard for government processes and the law.”

In the new filing, Bannon also argued that six months of incarceration is out of step with recent contempt of Congress convictions. He pointed to two contempt defendants who just received probation, which is what Bannon is seeking.

What the DOJ is saying: Meanwhile in a new filing Thursday, the Justice Department made clear that it opposes the ex-Trump adviser’s request that he be allowed to hold off serving any sentence the judge hands down Friday while the appeal of his contempt-of-Congress conviction plays out. 

“The Defendant should be held accountable like any other citizen found guilty of a federal crime—as mandated by law, the Court should impose a term of imprisonment, not probation, and require the Defendant to report to serve his sentence in the ordinary course, as directed by the Bureau of Prisons,” the department said. 

Prosecutors also called Bannon’s recommendation that he be sentenced to only probation “unlawful,” as they pointed to the one month minimum that the congressional contempt statute sets. 

The DOJ filing said the only exemptions that allow for courts to go below statutory minimums are for certain drug cases and for defendants that offer substantial assistance to law enforcement. 

Steve Bannon attends an arraignment on state corruption charges at the New York Criminal Courthouse on Sept. 8.

Steve Bannon attends an arraignment on state corruption charges at the New York Criminal Courthouse on Sept. 8.

Steven Hirsch/Pool/Anadolu Agency/Getty Images

A federal jury found former Trump adviser Steve Bannon guilty on two counts of contempt of Congress in July for defying a subpoena from the House select committee investigating the Jan. 6 attack. He will be sentenced on those charges on Friday.

These are the two counts he was found guilty of:

  • Count 1: Refusal to appear for a deposition 
  • Count 2: Refusal to produce documents 

Bannon faces a minimum sentence of 30 days in jail, according to federal law, but prosecutors have said they want Bannon to be sentenced to six months in prison and pay $200,000 in fines in an October filing.

The conviction is a boost for the House Jan. 6 select committee’s investigation and the congressional power to subpoena documents and testimony. It is also a victory for the Justice Department, which is under intense scrutiny for its approach to matters related to the Jan. 6 attack. 

After two days of hearing evidence and witness testimony, the jury reached a unanimous verdict in less than three hours.

 A video of former Trump advisor Steve Bannon is seen during a hearing on July 12 of the House select committee investigating the Jan. 6 attack.

 A video of former Trump advisor Steve Bannon is seen during a hearing on July 12 of the House select committee investigating the Jan. 6 attack.

Kent Nishimura/Los Angeles Times/Getty Images

A lawyer for Steve Bannon reached out to the House select committee investigating the Jan. 6 insurrection just before Bannon’s contempt of Congress trial this summer seeking to convince the panel to help delay and ultimately dismiss the trial, prosecutors said in the sentencing memo.

The trial went ahead anyway and Bannon was found guilty in July of two counts of contempt of Congress for defying a subpoena from the committee.

Bannon lawyer Evan Corcoran spoke to the committee’s top investigator, Tim Heaphy, asking whether the committee would join with Bannon’s lawyer in a request to dismiss the contempt trial if Bannon would comply with the panel’s subpoena by providing documents and testimony, Heaphy told FBI investigators in a voluntary interview last week.

Heaphy responded that Bannon’s team should reach out to the prosecutors, while declining to agree to join any effort.

“My takeaway is that Bannon knows that this proposal for a continuance and ultimate dismissal of his trial is likely a non-starter, which prompted him to call us to explore support as leverage,” Heaphy wrote in an email to House staff that was included in the sentencing memo. “I expect that DOJ will not be receptive to this proposal, as he is guilty of the charged crime and cannot cure his culpability with subsequent compliance with the subpoena.”

Prosecutors wrote in the sentencing memo that Bannon’s lawyer “made clear that the Defendant’s newfound cooperative spirit had strings attached.”

“When his quid pro quo attempt failed, the Defendant made no further attempt at cooperation with the Committee – speaking volumes about his bad faith,” the Justice Department wrote.

Former Trump adviser Stephen Bannon appears in Manhattan Supreme Court on Oct. 4 to set a motion schedule and possible trial dates for a corruption case.

Former Trump adviser Stephen Bannon appears in Manhattan Supreme Court on Oct. 4 to set a motion schedule and possible trial dates for a corruption case.

Curtis Means for DailyMail/Pool

Former Trump adviser Steve Bannon will be sentenced on Friday after a federal jury found him guilty of contempt of Congress in July for defying a subpoena from the House select committee investigating the Jan. 6 attack.

Federal prosecutors want Bannon be sentenced to six months in prison and be fined $200,000 — harsher than the minimum sentence of 30 days in jail, according to federal law. Bannon is seeking probation and is asking for the sentencing to be delayed pending his appeal.

Here are the key things to know about the case and conviction:

The verdict: After nearly two days of hearing evidence and witness testimony, the jury reached a unanimous verdict on the two contempt charges in less than three hours.

Bannon smiled as the verdict was read, looking back and forth between the courtroom deputy and the foreperson. Bannon’s team did not mount a defense during the trial, and he did not take the stand. Speaking to reporters after the conviction, his attorney David Schoen said they planned to appeal the verdict, calling it a “bullet-proof appeal.”

In a Justice Department news release touting the conviction, the US Attorney for the District of Columbia Matthew Graves said that the “subpoena to Stephen Bannon was not an invitation that could be rejected or ignored.”

Why the conviction matters: It was a victory for the House Jan. 6 select committee as it continues to seek the cooperation of reluctant witnesses in its historic investigation. It was also a victory for the Justice Department, which is under intense scrutiny for its approach to matters related to the Jan. 6 attack.

Bannon is one of two uncooperative Jan. 6 committee witnesses to be charged so far by the Justice Department for contempt of Congress. Trump White House adviser Peter Navarro was indicted by a grand jury last month for not complying with a committee subpoena and has pleaded not guilty.

Why the committee wanted Bannon’s cooperation: In demanding his cooperation, the committee pointed to Bannon’s contacts with Trump in the lead-up to the Capitol assault, his presence in the so-called war room of Trump allies at the Willard Hotel in Washington the day before the riot, and a prediction he made on his podcast before the riot that “all hell” was going to “break loose.”

The role of executive privilege in the case: When the House committee was demanding his cooperation, Bannon’s lawyer claimed that Trump’s stated assertions of executive privilege prevented Bannon from testifying or producing arguments — an argument the committee roundly rejected. Lawmakers noted that Bannon had for years not been a government official and pointed to their interest in topic areas not involving conversations with Trump.

At the trial, however, Bannon’s arguments about executive privilege were not a central focus — even as his lawyers found ways to bring attention to the issue. They did so in the face of rulings from the judge deeming it largely irrelevant, under appellate precedent, to the elements of the contempt crime.

Source: https://www.cnn.com/politics/live-news/steve-bannon-sentencing-10-20-22/index.html