Steve Bannon convicted of contempt of Congress for defying Capitol attack subpoena

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Steve Bannon, the top former strategist to Donald Trump, was convicted on Friday afternoon in his contempt of Congress trial in Washington DC – a victory for the House January 6 select committee that referred him for criminal prosecution as it continues to investigate the former president’s role in the Capitol attack in 2021.

The jury in federal court took less than three hours to return its verdict and found Bannon guilty on two contempt charges stemming from his refusal to comply last year with a subpoena in the congressional investigation seeking documents and testimony.

Bannon, 68, reportedly smiled in court when the verdict was read. Outside court he said: “We may have lost a battle here today but we haven’t lost the war.”

The case for criminal contempt went to the jury after prosecutors and defense lawyers made their final pitches about Trump’s former presidential adviser.

Bannon was charged with two counts of criminal contempt for refusing to appear before the House committee, and each count carries a minimum of 30 days in jail and up to a year. He had denied the charges.

In closing arguments on Friday morning, both sides re-emphasized their primary positions from the trial. The prosecution maintained that Bannon willfully ignored clear and explicit deadlines, and the defense claimed Bannon believed those deadlines were flexible and subject to negotiation.

Bannon was served with a subpoena on 23 September last year ordering him to provide requested documents to the committee by 7 October and appear in person by 14 October.

Bannon’s attorney, Evan Corcoran, told jurors Friday in his closing arguments that those deadlines were mere “placeholders” while lawyers on each side negotiated terms.

Corcoran argued the committee “rushed to judgment” because it “wanted to make an example of Steve Bannon”.

The defense rested its case on Thursday without calling any witnesses after the prosecution rested on Wednesday, having called two witnesses over two days.

On Friday, assistant US attorney Amanda Vaughn said in her closing statement: “The defense wants to make this hard, difficult and confusing. This is not difficult. This is not hard. There were only two witnesses because it’s as simple as it seems.”

Bannon, 68, had promised in out-of-court bluster to fight his case vigorously and make it the “misdemeanor from hell” for the authorities, but he ultimately made no presentation to the court, as the Daily Beast reported.

Bannon was barred from arguing that he believed his communications with Trump were subject to a legal doctrine called executive privilege that can keep certain presidential communications confidential. The judge also prohibited Bannon from arguing that he relied on legal advice from an attorney in refusing to comply with the congressional subpoena.

Bannon’s primary defense in the trial was that he believed the subpoena’s deadline dates were flexible and subject to negotiation between his attorney and the committee.

Bannon will almost certainly appeal the conviction after DC district court judge Carl Nichols, a Trump appointee, indicated that he considered the controlling case law that obliged him to exclude the main defense arguments, in a series of pre-trial rulings devastating to Bannon, was bad law.

The main prosecution witness was Kristin Amerling, a senior committee staff member. She testified on Wednesday that Bannon disregarded the subpoena’s two deadlines, sought no extensions and offered an invalid rationale for his defiance.

Bannon has spoken only once in court throughout the trial. He said: “Yes, your honor,” when the judge asked if he agreed not to testify.