In a recent development, Steve Bannon, a prominent ally of ex-President Trump, has lodged an emergency motion on Tuesday, seeking to avoid incarceration as he appeals his conviction for defying a subpoena issued by the January 6 House committee.
The appeal was filed in the U.S. Court of Appeals for the District of Columbia, with Bannon's legal team requesting a decision by June 18, well ahead of his July 1 surrender date. This would allow ample time to seek further relief from the Supreme Court if necessary. Earlier in the month, U.S. District Judge Carl Nichols, based in Washington, concurred with the Justice Department's request to mandate Bannon's surrender to prison on July 1. This followed the upholding of his contempt of Congress conviction by a federal appeals court panel in May.
The motion underscores the political implications of the case, stating, "Mr. Bannon is a high-profile political commentator and campaign strategist. He was prosecuted by an administration whose policies are a frequent target of Mr. Bannons public statements." It further argues that the government's attempt to imprison Bannon during the four months leading up to the November election would effectively prevent him from serving as a significant advisor in the ongoing national campaign.
Bannon's lawyer, R. Trent McCotter, emphasized the unprecedented nature of the case, writing, "This is a landmark case. The prosecution pursued a novel and aggressive theory of liability, and the case garnered international attention." He warned of the far-reaching consequences of the panel decision, including concerns over the separation of powers.
Bannon was convicted nearly two years ago on two counts of contempt of Congress: one for refusing to sit for a deposition with the Jan. 6 House Committee and the other for refusing to provide documents related to his involvement in Trumps efforts to overturn the 2020 presidential election results favoring President Biden.
Judge Nichols, a Trump nominee in 2018, initially allowed Bannon to remain free while contesting his conviction, citing substantial legal questions. However, Nichols' stance shifted after a three-judge District of Columbia appeals court panel dismissed all of Bannons challenges as lacking merit.
Bannon's lawyers, in their Tuesday motion, stated that he "intends to vigorously pursue his remaining appeals in this case and has retained experienced Supreme Court counsel." They requested the court to allow Bannon to remain on release, arguing that there is no dispute over his likelihood to flee or pose a danger to the safety of any other person or the community.
The motion further explains that Bannon faced a unique situation where he was required to protect executive privilege in responding to the subpoena, as advised by the counsel for the former President. Bannon's defense at trial maintained that he did not ignore the subpoena, but was still engaged in good-faith negotiations with the congressional committee when he was charged.
David Schoen, Bannon's defense lawyer, argued that it would be unjust to incarcerate Bannon now as he would complete his entire sentence before exhausting his appeals. Schoen emphasized that the case raises "serious constitutional issues" that warrant examination by the Supreme Court.
Bannon is also facing criminal charges in New York state court for allegedly defrauding donors who contributed to building a wall along the U.S. southern border. Bannon has pleaded not guilty to charges of money laundering, conspiracy, fraud, and others, and his trial has been postponed until at least the end of September.
This case continues to unfold, with the fate of Bannon, a key figure in the conservative movement, hanging in the balance. His conviction and potential imprisonment could have significant implications for the political landscape, particularly in the lead-up to the November election.
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