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Steve Bannon's contempt trial continues with opening arguments [1]
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Date: 2022-07-19
As Daily Kos previously reported, Judge Nichols ruled that Bannon would not be able to present claims of executive privilege asserted by former President Donald Trump over his testimony or cooperation with the select committee. Nichols did, however, agree to let Bannon argue that he was not aware of the compliance deadline for his 2021 subpoena. He may not argue that he received bad legal advice from his attorneys by refusing to comply, either. Instead, he can defend himself by arguing that his lawyer was unclear about the flexibility of the deadline. The fight over the letters on Tuesday was prompted by Schoen because he believes leaving them in would potentially gum up how jurors perceive the case. Nichols agreed to have portions of the letters shared for clarity, but sections where Bannon overtly relied on privilege will be redacted.
Bannon’s attorneys tried to delay the case again on Tuesday, asking for a one-month continuance based on the judge’s decision and their newfound understanding of the evidence, but Nichols rebuffed them and dismissed the motion.
After opening arguments get underway, witnesses will start making their way to the stand. According to court records, the Department of Justice plans to call at least three witnesses: Stephen Hart, Kristin Amerling, and Sean Tonolli. Only Tonolli is listed as a potential witness, whereas Hart and Amerling are locked in. Amerling serves as the deputy staff director and general counsel for the Jan. 6 committee and is expected to illustrate how the committee issued its request to Bannon and how he refused to comply. Hart is a special agent with the FBI and prosecutors say he will testify about ”various statements” Bannon made regarding his subpoena as well as other records that were collected in the process. Should Tonolli appear as a witness, he would potentially speak about the attempted deposition negotiations between Bannon’s lawyers and the committee.
DOJ Witness List for Bannon Trial by Daily Kos on Scribd
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The defense on Tuesday only objected to the items where committee chair Bennie Thompson wrote to Bannon’s former attorney Robert Costello.
Govt Exhibit List for Bannon trial by Daily Kos on Scribd
x Scribd Content
Prosecutors can secure a conviction by convincing jurors that Bannon was properly subpoenaed and that his refusal to comply was willful. From NBC News, prosecutors kept this point clear. “It wasn’t optional … and it wasn’t an invitation.”
x NEW: federal prosecutor in Steve Bannon trial opening: “It wasn’t optional. It wasn’t a request, and it wasn’t an invitation. It was mandatory... The defendant decided he was above the law… and that’s why we’re here today.” — Ryan J. Reilly (@ryanjreilly) July 19, 2022
If convicted on both counts of contempt of Congress, Bannon could face a maximum two-year prison sentence and be required to fork over fines of up to $200,000.
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https://www.dailykos.com/stories/2022/7/19/2111335/-Steve-Bannon-contempt-trial-continues-with-opening-arguments
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