Proceedings began Monday with jury selection in federal court in Washington, DC, and by mid-afternoon most of the 22 potential jurors had been found.
Trump’s polarizing ally has always been at the top of the Jan. 6 witness list for House investigators. But Justice Department prosecutors say the trial is intended to punish Bannon for breach of subpoenas, rather than coercing him into sharing information. The case is important evidence of how influential Congress is when a witness eludes a subpoena from the House. Bannon’s is the first of two similar cases of citation of the select committee of the House that go to trial; a case of contempt against former White House business adviser Peter Navarro is still in its early stages. Bannon’s trial is also of particular relevance to the House panel, as it continues to negotiate the incorporation of additional witnesses, and as it prepares for a major hearing at prime time Thursday night in order to highlight the that committee members have called former President Donald Trump’s “abandonment of duty” in January. 6.
The jurors asked about the House’s investigation
During the first part of Monday’s jury selection process, potential jurors have not been pressured into their general sentiments about Bannon or Trump.
However, they are asked about their consumption of news from the House investigation and about this case itself. Some have said they have consumed some of the House audiences, if so.
Many of the possible jurors said they had heard minimally about Bannon’s case, but a large number of them have participated in at least some of the select committee’s public hearings. But awareness alone is not enough for them to be thrown out of the jury group.
Among the qualified jurors so far are a man working with Covid-19 evidence, a retired woman working for a union who is now writing a dissertation, and a lawyer who describes himself as “recovering” than he is now. works in the State Department.
The lawyer turned government official told the judge that he thought the executive’s privilege could be part of the case and that the case was about whether Bannon should testify or was protected.
It is unclear whether Bannon’s legal team will be able to present to the jury any argument that mentions even the privilege of the executive. The judge, U.S. District Judge Carl Nichols, allowed him to remain a possible juror because his knowledge of the case was limited.
Bannon’s team has repeatedly argued that pre-trial publicity, especially with hearings in Congress, should cause his case to be delayed at least.
But many potential jurors say they have not formed an opinion or know little about the details, and that they are not widely questioned about Bannon’s political history.
One possible jury said he had a “high level of awareness” of select committee and case procedures, and heard that not everyone had responded to the citations they received, even if they should. But “we haven’t heard the whole story yet,” the legal aid worker told the judge. “I guess you’ll have to explain the law to us.”
He remained on the jury group.
A possible jury was kicked out of the pool after telling the judge he saw all the select committee hearings, then criticized Republicans for saying the election was stolen and, looking at Bannon, said, “I think who is guilty. “
The trial is expected to pass quickly
Prosecutors promise that his case against Bannon will be presented succinctly, in just a few days, with only two or three prosecution witnesses. This list includes investigators from the House committee.
It is unknown to what extent Bannon’s defense will be, or whether he will want to occupy the position in his own defense. He will not be able to force members of the House to testify, the judge said. Earlier in the case, Bannon vowed to turn the proceedings into a “lesser crime from hell by (Attorney General) Merrick Garland, (House Speaker) Nancy Pelosi and (President). Joe Biden.” But at a recent court hearing, his defense attorney David Schoen complained, “What’s the point of going to trial here if there’s no defense?” Bannon, who accepted an 11-hour pardon from Trump in 2021 when faced with a conspiracy cable. Manhattan federal court fraud and money laundering charges related to a fundraising scheme of the border wall has made a number of attempts in the courts in recent days to stop the trial, create more defense or prepare for to possible appeals. So far, Nichols has been overwhelmingly on the side of the Justice Department on what evidence the jury can hear, cutting off Bannon’s ability to try to postpone the advice his lawyer gave him or to use the jury’s internal policies. DOJ on presidential advisers hoping to protect him. In recent weeks, Trump has indicated that he wants to relinquish any executive privileges that may have applied to Bannon, and Bannon suggested he might be interested in speaking with the House committee, a series of events that the team de Bannon now wants to try to show it to the committee. jury. But his ability to raise arguments about the privilege of the executive will, at best, be very limited. Bannon was not a government official during the period the committee is investigating. A grand federal jury charged the right-wing figure in November with two counts of criminal contempt: one for failing to testify required by the House select committee in the fall and the other for failing to present of documents. A key issue at trial will be whether the jury agrees with prosecutors and the Chamber that Bannon’s October citation deadlines were final and that he deliberately ignored them.
The two charges he faces are misdemeanors. But if convicted, each carries a mandatory minimum of 30 days in jail.
Bannon was one of the first potential witnesses on Jan. 6 to be cited by the House committee, and is one of the few people the committee has deemed despised. The committee said it wanted to get his documents and ask him questions because Bannon had contact with Trump, was in the so-called Trump Allies War Room at the Willard Hotel in Washington as the riot unfolded and went make a prediction on your podcast before. the riot that “all hell” was going to “unleash.”
“In short, Mr. Bannon appears to have played a multifaceted role in the events of January 6, and the American people have a right to hear his testimony first hand about his actions,” the House committee said. in his report he presents. a resolution of contempt against Bannon.
When Bannon faced deadlines in October, his attorney Robert Costello told the committee that Bannon would not cooperate with the investigation because of Trump’s instructions that he should, “if necessary, invoke the immunities and privileges that may have “. Criminal investigators have interviewed Costello, as well as a Trump lawyer, Justin Clark, to build his case. According to his description of Clark’s statements, he told Costello that Trump could not protect Bannon from total breach of citations.
Prior to Bannon’s trial, the House committee presented details about him in some of his public presentations. At a hearing last Tuesday, the committee revealed White House phone records indicating that Bannon and Trump spoke twice on Jan. 5, 2021, including once before Bannon made his predictions about the next day on the podcast. .
The committee has another hearing scheduled for Thursday evening at peak hearing time. Depending on the pace of the proceedings in the DC federal court and the length of the presentation of his defense and the deliberations of the jury, Bannon’s trial could have ended then.
This story has been updated with additional details.