Bannon’s Attempt to Have Contempt of Congress Charges Tossed Rejected By Judge

A district court judge quashed Steve Bannon‘s bid Wednesday to toss out contempt of Congress charges against him for failing to adhere to a subpoena from the House select committee investigating the Jan. 6 riot.

Bannon’s lawyers argued the subpoenas were issued by a committee that was illegitimate because House Speaker Nancy Pelosi appointed Rep. Liz Cheney (R-WY) as vice chairwoman of the panel, despite the minority party typically selecting the No. 2 member on committees, but Judge Carl Nichols rejected that argument.

STEVE BANNON SUBPOENAS DEMOCRATIC HOUSE LEADERSHIP OVER CONTEMPT TRIAL EVIDENCE

Nichols, who was appointed by President Donald Trump, noted that the full Congress voted to hold Bannon in contempt in October after he refused to sit down for a deposition with the Jan. 6 committee and turn over documents it requested. He also chided Bannon for not giving the panel a log detailing his privilege claims. As a result of the ruling, Bannon will stand trial in the case next month.

During the hearing, Bannon’s lawyers shed new light on why he felt executive privilege precluded him from complying with the panel’s subpoena. Despite not being a member of the White House staff during the fallout from the 2020 election, the former Trump strategist had at least one conversation with the then-president that he does not want to divulge to the committee.

“He’s a former senior adviser who the president then calls in,” David Schoen, Bannon’s lawyer, said, according to the Daily Beast, adding that Bannon “was later called in to have a conversation with the president.”

Bannon was indicted with contempt of court charges in November. Outside the courthouse Wednesday, the former Trump strategist took aim at the panel.

“This committee canceled today. You know why? Their ratings stink, and they can’t compete with the trial of Bannon. That’s why they canceled,” Bannon proclaimed outside the courthouse Wednesday. “The J 6 committee is totally irrelevant.”

The Jan. 6 committee postponed its third public hearing, which was initially scheduled for Wednesday, to Thursday, citing “technical issues.”

Bannon also hailed Republican performances in elections across the country Tuesday night, pointing out Mayra Flores’s victory in Texas in which she snagged a seat long held by Democrats in a historically blue region of the Lone Star State.

Bannon has pleaded not guilty to the charges. If convicted, he would not be required to comply with the subpoena but could face up to a year in prison and a $100,000 fine per count. He had been indicted on two counts of contempt.

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In April, Nichols dealt another legal blow to Bannon, determining he cannot argue that he defied the subpoena request because he was following the advice of his lawyer.

Bannon is one of several Trump allies in the legal crosshairs of the Jan. 6 committee for failing to comply with its subpoena requests. Congress also voted to hold former White House adviser Peter Navarro in contempt for defying its subpoena. Navarro is scheduled for a court hearing Friday over the matter.