WASHINGTON – A federal judge is moving ahead with the the contempt trial of former White House strategist Steve Bannon following an evidentiary dispute Tuesday in which defense lawyers expressed confusion over the judge's rulings, requesting a new delay.
Twelve jurors and two alternates were selected Tuesday afternoon, and opening arguments were expected to follow soon after.
Earlier, Bannon's defense team sought to exclude correspondence between the House committee and defense lawyers relating to the subpoena that Bannon defied, resulting in his indictment.
U.S. District Judge Carl Nichols ruled Tuesday that he would admit the letters in their entirety, including discussions of executive privilege which Bannon had argued shielded him from the subpoena.
The judge has previously excluded the defense's executive privilege argument.
Referring to the dispute, Evan Corcoran, Bannon's attorney, said a delay was needed to resolve evidence questions and a "seismic shift" in the defense's understanding of the case.
Bannon faces two counts of contempt for his refusal to appear for a deposition and another involving his refusal to produce documents, despite a subpoena from the House committee. The panel has held a series of hearings this summer featuring damning testimony from former Trump administration officials.
Each count carries a minimum of 30 days and a maximum of one year in jail, as well as a maximum fine of $100,000.
The subpoena was issued last fall, and the committee and full House voted to hold him in contempt. He was indicted by a federal grand jury in November.
The committee's interest in seeking Bannon's testimony includes efforts to block the certification of President Joe Biden's election and his contacts with Trump in the days leading up to the Jan. 6 attack. Bannon is linked to two telephone contacts with the former president on Jan. 5, 2021.
The calls were highlighted during the panel's public hearing last week, examining the role of extremist groups who answered Trump's call to gather in Washington.
After their initial Jan. 5 call, Bannon said on his podcast, “All hell is going to break loose tomorrow.
“It’s all converging and now we’re on, as they say, the point of attack,” Bannon said. “Right, the point of attack tomorrow. I’ll tell you this. It’s not gonna happen like you think it’s gonna happen. It’s gonna be quite extraordinarily different. And all I can say is strap in.”
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