Bannon trial updates: Bannon wanted to testify but was advised not to, a...

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Bannon trial updates: Bannon wanted to testify but was advised not to, attorney
says
Mike Levine ⋮ ⋮ 22/07/2022

Ex-White House strategist Steve Bannon is accused of defying a Jan. 6 subpoena.

4:04

Former prosecutor says Steve Bannon was trying to delay trial

ABC News’ Linsey Davis spoke with former federal prosecutor Kan Nawaday about forme...Read More

ABCNews.com

Steve Bannon, who served as former President Donald Trump's chief strategist before departing the White House in August 2017, is on trial
for defying a subpoena from the House select committee investigating the Jan. 6 attack on the U.S. Capitol.

Bannon was subpoenaed by the Jan. 6 panel for records and testimony in September of last year.

After the House of Representatives voted to hold him in contempt for defying the subpoena, the Justice Department in November charged
Bannon with two counts of criminal contempt of Congress, setting up this week's trial.

Jul 21, 4:39 PM EDT

Bannon says he's testified 'more than anybody else' in administration

Leaving the courthouse after the day in court, Bannon told reporters that -- despite his decision not to testify in his trial on the advice of
counsel -- he has no compunction about testifying.

"Make sure everybody understands, of any person in the Trump administration, Stephen K. Bannon has testified," Bannon said, referring to

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his earlier testimony as part of Special Counsel Robert Mueller's Russia probe and a parallel investigation by the House Intelligence
Committee at the time.

Anna Moneymaker/Getty Images

Former White House Chief Strategist Steve Bannon speaks to reporters as he leaves the...Read More

"Thirty hours in the Mueller Commission ... 20 hours in front of the House Intelligence Committee ... I think over 50 hours of testimony,"
Bannon said.

"Every single time, more than anybody else in the Trump administration," he said.

Jul 21, 3:37 PM EDT

Bannon wanted to testify but was advised not to, attorney says
Bannon defense attorney David Schoen read a statement to Judge Carl Nichols explaining why Bannon is not testifying in his own defense,
before the judge brought the jury back in to announce the court was in recess until Friday.

Schoen said that Bannon understands he has a right to testify "and has very much wanted to do so" since his indictment -- specifically
wanting to testify publicly about what "the true facts of the case are," Schoen said.

"However, on the advice of counsel and support of the team, he has decided not to testify because he understands he would be barred from
telling the true facts of what he did and did not do with regard to the subpoena he was issued," Schoen said. "He believed he was doing
what the law required him to do based on his lawyer's advice."

Schoen told the judge that Bannon's attorney at the time, Robert Costello, had told Bannon that "executive privilege had been invoked and

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he was not permitted by law to comply with the subpoena. Mr. Bannon followed and relied on the advice of his experienced counsel," and on
previous memos written by the Justice Department, Schoen said.

After Schoen made those remarks, the judge turned to Bannon and asked: "Mr. Bannon, have you conferred with counsel, and do you
knowingly and intentionally waive your right to testify?"

"Uh, yes your honor," Bannon responded. It was the first time Bannon has spoken during the trial.

Before Nichols sent the jury home, he reminded them, "Do not read about this case, do not read or watch TV or videos about this matter or
related matters, through the end of deliberations."

He issued the reminder after prosecutor Amanda Vaugh raised concerns about the jury's potential exposure to the live televised hearing that
the Jan. 6 committee is holding in prime time tonight.

Jul 21, 3:05 PM EDT

Defense rests its case after telling judge they were 'stymied'
The defense has rested its case and the jury has been sent home for the day, with closing arguments and jury instructions planned for
Friday morning.

"Your honor, the defense rests," Bannon's attorney Evan Corcoran said before the jury was dismissed for the day.

The move comes after defense attorney David Schoen told Judge Carl Nichols that Bannon was never able to mount a full defense in the
trial because the judge limited the types of arguments the defense could make, and because the defense had been unable to question
members of the Jan. 6 committee rather than just a staffer.

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Jose Luis Magana/AP

Former White House strategist Steve Bannon arrives at the federal court in Washington...Read More

The defense especially wanted to question committee chairman Bennie Thompson, who signed the subpoena at issue and then referred the
case to the Justice Department for prosecution.

"Our view is we've been badly stymied in bringing a defense in this case," Schoen said. Bannon, he said, has been "handcuffed and not
able to explain his story of the case."

Nichols disputed the characterization, telling Schoen that he has simply been following the law in deciding what should be allowed at trial.

Jul 21, 12:49 PM EDT

Attorneys argue over whether subpoena dates were 'in flux'

In asking the judge to acquit Bannon of the charges against him, defense attorney Evan Corcoran said of the prosecution, "They have not
presented evidence upon which a reasonable person could find beyond a reasonable doubt that Mr. Bannon is guilty of the charges of
contempt of Congress."

Regarding the deadline for Bannon to comply with the subpoena, Corcoran said that "it was clear" from the testimony of Jan. 6 committee
staffer Kirstin Amerling that "the dates were in flux ... but even the dates in the subpoena, she was unable to identify why those dates were
in the subpoena at all. She was unable to identify who put those dates in the subpoena. And that's a critical issue."

Corcoran also argued that the indictment claims Bannon didn't provide documents "by Oct. 18, 2021" -- but the deadline on the subpoena
itself was Oct. 7, 2021, a different date.

"In our view, the return date is either the date on the subpoena, or it's open" -- all of which shows "this was an ongoing negotiation,"
Corcoran said.

In response, prosecutor Amanda Vaughn said, "The reasons for the dates are irrelevant."

"The dates are on the subpoena," Vaughn said. "The committee made clear in its letters to the defendant that those were the dates and that
he had violated them, and the evidence is clear that he did not provide documents by Oct. 7 and did not come for his deposition on Oct. 14."

The government "has provided sufficient evidence" of his guilt, and letters from the time and posts to Bannon's social media "made clear"
that he did not intend to comply, she said.

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