Steve Bannon’s lawyers are asking their client to avoid jail altogether after prosecutors asked him for six months and charged him with “bad faith.”
In a 19-page memo in response to a blistering government filing, Bannon’s team argues that their client should only be given probation after being found guilty of two counts of contempt of Congress.
They argue that the judge supervising sentencing should look for ‘something more’ than simple repentance.
“Should someone who has spent his life listening to experts — as a naval officer, investment banker, corporate executive and presidential adviser — be jailed for relying on the advice of his lawyers?” they ask.
“Should a person be incarcerated if the prosecutor refused to prosecute others who were in a similar situation – the only difference being that this person uses his voice to express strong political views?” ask his attorney, Evan Corcoran and David Schoen.
Prosecutors are asking that former White House chief strategist Steve Bannon face six months in prison for contempt of Congress for refusing to comply with a House Select Committee subpoena on Jan. 6. being under house arrest
They say probation is warranted for the former White House chief strategist, and are also asking the examining magistrate to issue a suspension of each sentence to allow for an appeal.
Bannon will be sentenced Friday after his trial for contempt of Congress after failing to appear before the panel investigating the Capitol riot and the events of January 6.
Alternatively, Bannon may serve any sentence under house arrest.
He has a row house in Capitol Hill that he also uses to film his daily War Room Pandemic podcast, where he is expected to serve every home incarceration.
Bannon’s team is reviewing the argument from his trial that the longtime Trump adviser listened to his attorney, Robert Costello, when he received a subpoena in September 2021. Costello pointed to statements from Trump’s lawyers that the president was claiming executive privilege rather than advice. received as chairman.
“After receiving this letter from President Trump’s counsel, Mr. Costello mr. Bannon said Mr. Bannon did not have the ability to waive executive privilege, or decide for himself which documents or communications fell under the president’s control, by President Trump’s privilege claim,” according to his request.
Prosecutors are asking that Bannon spend six months behind bars for refusing to testify before the House Committee on Jan. 6.
The government has submitted a 24-page conviction memo Monday in which it accused Bannon of “breaking” the law and holding onto essential documents. The memo notes that the request for six months in prison is at the ‘top’ of the sentencing guidelines for the offense.
“By ignoring the subpoena and its authority, the defendant aggravated that attack,” U.S. Attorney Matthew Graves wrote in the memo. To this day, he continues to illegally withhold documents and testimony that will help the commission’s authorized investigation get to the bottom of what led to January 6 and what steps should be taken to ensure that this never happens again. That cannot be tolerated.’
“Respect for the rule of law is essential to the functioning of the United States government and to the preservation of the liberty and good order that this country has enjoyed for more than two centuries. The defendant’s bad faith strategy of defiance and contempt deserves a severe punishment,” the prosecutors concluded.
Prosecutors also want Bannon to pay $200,000 in fines.
Earlier this month, Bannon appeared before the Manhattan Supreme Court, where he faces charges of alleged donor defrauding as part of a ‘We Build the Wall’ scheme.
The House Jan. 6 Committee refocused on Bannon at last week’s hearing
Defendant’s bad faith strategy of defiance and contempt deserves severe punishment, prosecutors wrote in sentencing memo
Prosecutors filed a damning memo accusing Bannon of a ‘bad faith strategy of defiance and contempt’
President Donald Trump pardoned Bannon just hours before leaving office after his former campaign adviser was accused of defrauding donors as part of a “We Build the Wall” scheme to use private funds to build border wall structures.
Bannon is still being charged in New York with alleged fraud. Trump’s pardon applied to the emerging federal case.
The House Select committee of January 6 last week subpoenaed former President Trump — sparking another potential legal clash. Trump has yet to say he will appear, though legal experts say it’s unlikely he would and likely wouldn’t face charges if he refuses to appear, even after being portrayed by committee members as the central figure in the events. that led to the attack on the Capitol.
Bannon mentioned administrative law when he was first ordered to appear before the committee, saying he could not speak on the matters in question without Trump’s permission.
Prosecutors continued to try to write down his claim in the sentencing note.
“He did so even though administrative law could not possibly allow the defendant’s total non-compliance; defendant was a private individual who had not worked in the White House for years; the demands of the subpoena called for documents and information totally unrelated to the defendant’s tenure there; and multiple subpoenas were completely unrelated to communications with the former president.”
“From the time he was initially subpoenaed, [Bannon] has shown that his true reasons for total noncompliance have nothing to do with his alleged respect for the Constitution, the rule of law, or executive privilege, and everything to do with his personal contempt for the members of Congress who the Committee and their efforts to investigate the attack on our country’s peaceful transfer of power,” the government wrote. “His non-compliance has been complete and unrelenting.”