Bannon: “the entrapment by estoppel defense” cites CNN’s upcoming doc & July 12th HSCJ6 hearing. Hired a NEW Attorney? Yup

Seriously I can’t believe Bannon laid it out that bare. Here’s the primary problem: government official tells the accused conduct is legal, the accused relies on that but is later charged..

Oh. Dear. Insomnia I see that we meet, yet again. I figured if I can’t sleep, I should at least do something quasi productive. And then I looked down at my phone and saw 3+ docket alerts on Steve Bannon’s criminal case. And then I moseyed on over to PACER and started pulling down the 13+ new documents.

Steve Bannon’s Quiver full of Arrows appears to be empty, kind of like his soul.

I don’t know if it’s the insomnia or that I’ve completely run out of Fs, or the fact that Bannon/Kolfage “we Build the Wall” (see 2020 Indictment) defendants recently pleaded guilty. And how could we all forget that Trump pardoned Bannon on January 19, 2021. See DOJ Official Bannon Clemency Records. Meanwhile his co-defendants who did not receive a presidential pardon are looking down the double barrel of many years in a Federal Prison. Whereas Bannon purportedly coordinated the deadly domestic terror attack on our US Capitol.

I dunno —maybe you thought I was being facetious when I stated on July 11, 2022, that the Court issued a bevy of minute orders - to be clear I rarely cover pretrial hearings because honestly it’s how the judicial sausage is made. Although when warranted, I do tend to quietly say “this is kind of important, so I’d recommend you pay attention“ —the thing is, pretrial hearings are SOP. Moreover those motions tend to be a lot of information in what feels like a marathon session of tug, push and/or pull. In short pretrial is when both parties duke it out over evidence, witness etc. nearly all of which is governed by both the Federal Rules of Criminal Procedure and Federal Rules of Evidence…

Steve Bannon’s request to delay his criminal trial: DENIED —July 18, 2022 jury trial to commence.

However there are instances where I do send out a red flare to my readers that XYZ is important. Nonetheless below I’ve embedded the Minute Order and Entry for proceedings, which were held before Judge Carl J. Nichols

Side Note: to be clear over the next 30 hours I’ll do my level best to upload the Motions herein to my Scribd Account, unless of course you want to spend >$39.30 or you can use an Open Source Litigation Database like Court Listener (sometimes I find that database has a bit of a delay which is why my preferred database is the ECF

• Motion Hearing as to STEPHEN K. BANNON held on 7/11/2022 re 52 , 53 , 54 , 56 , 83 , 84 , 85 , 86 , 88 , and 103 . Defendant Bannon was not present. His appearance was waived.

  • 52 Granted in Part and Denied in Part by the Court.

  • 53 Granted by the Court.

  • 54 Granted in Part and Denied in Part by the Court.

  • 56 Granted in Part and Denied in Part by the Court.

  • 83 Granted by the Court. 84 Granted by the Court.

  • 85 Granted in Part and Denied in Part by the Court.

  • 86 Denied by the Court.

  • 88 Denied by the Court.

  • 103 Denied by the Court.

All rulings made for reasons set forth on the record. Defense's response due by 7/13/2022 at noon. Government's reply due by 7/13/2022 evening. Bond Status of Defendant: Defendant remains on Personal Recognizance;

As I stated (on July 11, 2022), the Judge issued a bevy of rulings and I specifically noted the following -please pay attention to what’s in bold text because, yea I have a few additional files to dump:

• DENIED. Meaning Bannon’s Trial will commence on July 18, 2022

• Defendant Bannon is now precluded from arguing or attempting to introduce evidence regarding “executive privilege” or the advise of his defense attorney for his justification in failing to comply with the lawful Congressional Subpoena (this is why the Government’s July 11th Filing is pretty important, see ECF)

• Defendant Bannon is not allowed to subpoena Speaker Pelosi or members of the HSCJ6 for witness testimony. Because that was Trump & Bannon’s last and horribly deficient “Hail Mary”—cough speech and debate clause

• The next pretrial hearing is set for July 14, 2022

Again if we are all in the “factual” agreement that the Court did not rule in Bannon’s favor concerning the subpoenas and that the Court was very specific that Bannon is prohibited from calling, the Speaker of the House and more broadly other members of Congress. What most won’t tell you is: YES there’s yet another pending case, I now refer you to

In Re: NON-PARTY SUBPOENAS DDC-Case No 1:22-mc-00060 —I’m pretty sure in early June I was like “OMFG really Steve, that’s your defense strategy —like holy Shittlestix I expected a way better strategy than you taking the FCRP to your slovenly woodshed” —honestly I didn’t have the intellectually stunted stamina to read the histrionics and bullshart aka rationale of Bannon’s (beclowning) move to subpoena Pelosi et al.

• July 5, 2022 REPLY to opposition to motion re 1 MOTION to Quash filed by Pelosi et al. See ECF

Notwithstanding below is a very short ticktock of Bannon’s defense strategy going up in smoke. This is especially true given Bannon’s July 11th pretrial hearing, the Judge ruled from the bench via oral order(s), On Jun 13, 2022 Pelosi et al filed a MOTION to Quash Bannon’s absurd subpoena. Accordingly on July 12, 2022 the following; Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 7/12/2022 re 1 MOTION to Quash. Motion 1 Granted by the Court, for reasons set forth on the record. Yet undeterred Defendant Bannon hilariously reincorporated the same defective arguments in Jo’s July 13th and 14th, respectively filings.

Bannon’s new filings, delay trial redux -trifecta of desperation:

• 07/13/2022 Doc No: 107 RESPONSE by STEPHEN K. BANNON re 105 MOTION in Limine to Exclude Evidence or Argument —see ECF or you can pull down the highlighted & spicy annotated filing via my Scribd Account

• Attachments:

  • # 1 Exhibit Letters,

  • # 2 Exhibit Contempt referral and letter,

  • # 3 Exhibit Subpoena,

  • # 4 Exhibit Letter,

  • # 5 Exhibit Indictment)(Schoen, David) (Entered: 07/13/2022)

• Doc 108 MOTION to Continue (Renewed) by STEPHEN K. BANNON. ((Entered: 07/13/2022) see Scribd link because the annotations are extra spicy.

In Bannon’s July 13, 2022 response, perhaps I’m being cynical but preemptively impeaching the credibility of Justin Clark, that’s not exactly wise (see page 3, footnote # 4) all while acknowledging that the Court has previously ruled against Bannon on a bevy of motions. Not the least of which, precludes Bannon from; arguing any executive privilege claims, any legal advise (from his former attorney Costello), cross examination of Speaker Pelosi et al … undeterred Bannon reincorporated the same fatal arguments, of which the Court ruled on.

But there’s a new (nuanced) Bannon strategy emerging. In my line of work we have a saying and it’s the latter part of said saying that’s most applicable here:

“When the law is on your side, argue the law; when the facts are on your side, argue the facts; when neither the law nor the facts are on your side, just argue!”

Remarkably Bannon’s strategy has taken a hard right to Coo Coo for Cocoa Puffs rubberroom land. He’s actually arguing that because the HSCJ6 has insisted that Bannon comply with the “default” deadlines of October 7th and 14th (of 2021), respectively then somehow that constitutes “waiver” of the aforementioned default.

The intellectual gymnastics required to make sense of Bannon’s hilariously insane argument has no bounds. I’m kind of serious Bannon’s new defense attorney should be (at a minimum) verbally shellacked by the Court and I wouldn’t be mad if the Court (sou sponte) orders Bannon’s attorney to “show cause” on why the Court shouldn’t sanction him, especially for the July 13, 2022 “Response” —because it’s nine pages of circular arguments swirling the drain of deep stupid.

…the entrapment by estoppel defense…

The black letter of the law requires in order of a defendant to use this defense, they MUST establish this defense. The defendant has the sole burden to show by a preponderance of the evidence (see DOJ Criminal Resource Manual, specifically CRM 645)

1st) a duly authorized —government official, and/or an agent of the federal government, was empowered to render the claimed erroneous advice;

2nd) the [federal government official] [agent of the federal government] had been made aware of all the relevant historical facts;

3rd) the [federal government official] [agent of the federal government] affirmatively told the defendant the proscribed conduct was permissible;

4th) the defendant relied on the false information; and

5th) this reliance was reasonable.

A preponderance of the evidence means; that you must be persuaded that the things the defendant seeks to prove are more probably true than not true. This is a lesser burden of proof than the government’s burden to prove beyond a reasonable doubt each element of [specify crime charged]….

　

Here’s the rub in Bannon’s strategy, I’m pretty sure Bannon knows how House Committees Operate, the Parliamentary Rules, the required steps a House Committee must complete before there’s a vote on a DOJ Criminal Referral. Moreover at no time does Bannon present any applicable case law or binding precedence regarding “what constitutes a waiver of the subpoena” —yes he cited a few cases but those cases are not even in the same hemisphere as the finding of facts as elucidated in Bannon’s indictment.

But your Honor I need a do over…

I’m going to go out on a limb, can one actually “highly edit” the seditious conspiracy rhetoric that spewed from Bannon’s calorie hole? Of course you can’t but Defendant Bannon is certainly trying to have it “all ways” —also most won’t explain this to you, but in my line of work, reading the whole document and docket is absolutely nonnegotiable. For Example: it appears Bannon added new counsel to his defense team; Riane A. White, Esq.

Bannon reiterated the pre-trial publicity related claims, providing additional statistical support for them [Doc. 95-1], and added additional grounds directly related to his constitutionally guaranteed fair trial rights and right to effective assistance of counsel [Doc. 95]. These additional grounds flowed from the late hour in these proceedings without knowing what witness and defenses would be permitted at trial, rendering the defense unable to meaningfully develop a defense theory and concomitant steps in the trial process to effectively defend Mr. Bannon [Doc. 95]. On July 6, 2022, the Government filed a motion for leave to file a Sur-reply, with a proposed pleading attached …

July 13th & 14th filings…

The Government’s July 14th reply (see ECF for Doc # 110) to Defendant Bannon’s July 13th filing is exquisitely savage. By the time I read page 4, second paragraph, I said out loud: hot damn Ms Vaugh had to have received her doctorate from petty university. Because

…If the Defendant wishes to argue that, at the time of the deadline, he did not understand the Committee’s October 8 letter to him to be demanding he appear for testimony on October 14 despite his executive privilege claim—in other words, that the Committee did not give him a choice between compliance and contempt on that date—he is free to do that. He will fail because of the plain language of the Committee’s letter and his repeated admissions that his failure to comply was not due to some mistake, but such a defense is available to criminal contempt defendants…

…the DOJ…has expended its resources in investigating and prosecuting the Defendant’s criminal contempt of Congress—a process wholly separate from the Committee’s ongoing inquiry into that facts and circumstances of January 6, 2021. Whether the Defendant cooperates with the Committee now —though the circumstances of his offer, including its last-minute nature, its inclusion of pre￾conditions for his testimony, and its silence on providing relevant documents, counsels skepticism that he will—has no bearing on his criminal case. The Defendant should not be permitted now to show similar contempt for the judicial process by ignoring the Court’s orders and putting irrelevant and prejudicial evidence in front of the jury

Just shortly after the stroke of midnight, on July 14, 2022, the Government filed a three short page Memorandum in Opposition. Here the Government posits the countless incorrect, misleading and “dramatic mischaracterization of what the HSCJ6 Committee members said or did not say during their televised June 12, 2022 hearing

• Memorandum in Opposition (see DDC-ECF or via my Scribd Account)

“…The Defendant does not explain why such questions are insufficient, and offers no basis for his extraordinary claims that the Court will have to “engage in individual sequestered voir dire” and “introduce the existence” of the “special report” to potential jurors… The Court should not accept the Defendant’s invitation to introduce the jury pool to extraneous information about the Defendant that they did not previously know and should conduct voir dire in the normal course, as planned. The Government anticipates that the Defendant’s concerns are overblown, but if they are not, voir dire will bear that out….”

It’s interesting to see how Bannon floats from one conspiracy theory to another. While simultaneously grifting from one grift to the next. There’s a hideous arrogance to Bannon. Moreover I thought that Bannon was supposedly “a smart guy”. Speaking more candidly: the terrifying thing is I genuinely believe this is all a game to Bannon. That he’ll never fully comprehend how his actions, disinformation and misinformation are a clear and present danger to our shared Democracy. And then I’m going to remind you of what Bannon said back in 2014

I believe the world, particularly the the judeo-christian West is in a crisis and its really the organizing principle of how we built Breitbart news to really be a platform to bring news and information to people

What’s going to happen:

The parties are scheduled to be in Court later today, July 14th. This is the last pretrial conference. My educated guess is it will be a dog fight over; Voir dires, Bannon’s desire to cross examine Pelosi et al (of which the court has previously ruled) —Bannon’s queued up argument that he can’t get a fair trial in Washington DC, therefore it’s possible we’ll see a Hail-Mary change in venue request. I do think at some point we should discuss the possibilities of “pocket pardons” and the nexus between Trump, Bannon, Stone, Giuliani, Flynn, Proud Boys, the Oath Keepers to the Seditious Conspiracy.

For now I’m comfortable saying; I think you are fully briefed, you have access to original court documents, with the complimentary spicy snark.

And lastly, if you’ve made it this far into the article, your patience shall be rewarded. Here’s a Fun Fact: on the evening of July 12th, the DMV (DC MD VA) area saw a pretty wicked bunch of intense thunderstorms. One of my colleagues is now on 32+ hours without power. They spent the day dealing with their insurance company because the storm caused an 85+ year old tree to fall on the back of their house. And after a day that was akin to Dante’s Inferno —this is how Mother Nature rewarded us.

file411_dc

A post shared by File411 (@file411_dc)

Be well. I’ll be back either later today or on Friday. Since my primary boss is spending the week, working overseas, my schedule has to reflect their’s. Which means there’s a six hour time difference. I’ll be lucky to get a few hours of sleep.