Federal judge won't dismiss contempt charges against Steve Bannon

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Federal judge won't dismiss contempt charges against Steve Bannon
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The former Trump adviser faces two counts of contempt of Congress for refusing to answer questions from the House Committee investigating the Capitol riot.

David Schoen, a member of Bannon's defense team, said after the hearing that he has subpoenaed every member of the Jan. 6 committee as well as House Speaker Nancy Pelosi, D-Calif., to testify at the trial. "We want to hear exactly what went on here," Schoen said. "Why is it that Mr. Bannon was singled out and targeted for criminal prosecution?"

Bannon's lawyers had argued that under Justice Department policies, former White House officials have no legal obligation to comply with a congressional subpoena when the president has asserted executive privilege. Bannon relied on these positions "in reasonably believing that the subpoena was not valid and that compliance was not, therefore, either appropriate or required as a matter of fact and law," his lawyers told the judge in legal papers submitted before the hearing.

That defense is not available to Bannon, the government contended, because the subpoena dealt only with his actions as a private citizen long after he left government service and because he was never directed by Trump to ignore it. Nichols rejected Bannon's argument about immunity. It was "at best ambiguous" whether Trump's assertions of executive privilege covered the issues involved in Bannon's subpoena, he said.

The judge also rejected a claim by Bannon's lawyers that the subpoena wasn't valid because the House committee was not properly constituted under congressional rules. Another federal judge, Nichols noted, rejected that same argument in a case challenging the committee's subpoena authority., ruling that he cannot argue at his trial that he is not guilty because he was following the advice of his lawyer.

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