Steve Bannon’s request to delay his criminal trial: DENIED —July 18, 2022 jury trial to commence.
When you are someone like Steve Bannon, who pals around with the likes of Roger Stone then you should always expect last minute shenanigans. Because that’s literally out of their dirty little playbook
Preliminary Background…because you need to know;
I’m old enough to remember a certain PITA twitter account that was forced to tweet as if they were Steve Bannon, because they lost a bet. That might have been the most comical and intellectually daunting two weeks of my relatively mundane life. Below I’ve provided you with various Bannon related articles. I think it will help readers to refresh your memory and provide you with a sufficient predicate to further discuss the “new news”
September 2021: Infrastructure Week is HERE -subpoena lalapalooza via House Select Committee — “strap in Bannon”
October 2021 — Dear Steve Bannon & Guo Wengui -can we talk about the SEC enforcement action?
November 2021 - QUI PRO DOMINA JUSTITIA SEQUITUR…Bannon & Trump are not above the law Bannon’s Nov 12th INDICTMENT -updated with accurate timeline -specifically drilling down on the November Bannon indictment
Additionally this HSCJ6 Business Meeting on a Report Recommending that the House of Representatives Cite Stephen K. Bannon for Criminal Contempt of Congress." is essentially the master file as it relates to Steve Bannon’s Criminal Contempt and it includes links to nearly a dozen original documents
Bannon’s (not sudden) reversal…
To those who are tweeting actual disinformation and misinformation concerning Bannon’s sudden reversal and saying this inoculates his indictment. You are wrong. This is basic criminal law stuff. So allow me to further elucidate just how wrong the Blue-QANON and QANON are;
the November 2021 Indictment is a snapshot in time, where the DOJ alleges that Bannon’s criminal behavior is the predicate for criminal contempt.
Trump and Bannon have never stopped communicating, because history has showed us that certain people in Trump’s orbit actually never leave.
Bannon’s July 2022 reversal and demands that the HSCJ6 hold a public hearing for his testimony is utter nonsense.
Again I have the utmost respect and trust in the HSCJ6 and I am confident that they would not accede to the unreasonable request of Bannon and public hearing. Because Bannon/Trump strategy is: “the HSCJ6 is a kangaroo kourt” and if you read Trump’s July 9, 2022 letter closely —let’s set aside the nonsensical argument that “Trump is illegally using a copyright of the POTUS emblem/seal” that’s an intellectually stunted argument. Which is why I’m not going to drill down on that misinformation. Should you be inclined you can read more here
If you reach an agreement on a time and place for your testimony, I will waive Executive Privilege for you, which allows for you to go in and testify truthfully and fairly, as per the request of the Unselect Committeeofpolitical Thugs and Hacks, who have allowed no Duc Process, no Cross-Examination, and no real Republican members or witnesses to be present or interviewed. It is a partisan Kangaroo Court.
What Trump fails to actually understand is the “executive privilege” is not his to claim, in February 2022 SCOTUS ruled against Trump, read more here —because as you’ll note I further explained that Trump’s Executive Privilege Argument(s) had several fatal flaws.
In October of 2021 I opined that Trump’s argument was not at all persuasive and that the Supreme Court would ultimately reject his petition. You can read the October 2021 article here -and a few days later in early November 2021 I published a follow up article essentially re-articulating the follies of Trump’s argument, you can read the November 2021 article here
USA v Stephen K Bannon case/docket updates…
As a general practice I tend to give the Government a very wide berth. I don’t know if that’s rooted in actual professional difference or if it’s a bandwidth issue. Coupled with my mindfulness and utmost respect for the DOJ. Generally speaking I don’t enjoy scrutinizing the DOJ. So I typically won’t write about a case, largely because I’m not a cyborg and I endeavor to help my readers know when something is important versus engaging in self grandiose click-bait behaviors.
There are multiple reasons for the previous presentment of facts because you need to know what occurred during July 8th to July 11th. So let’s drill down on the USA v Bannon docket —hence why I previously provided you with the HSCJ6 Steve Bannon “master file” —because facts should always be paramount.
July 8, 2022 -REPLY in Support by USA as to STEPHEN K. BANNON re 85 MOTION in Limine (Omnibus) —see ECF or pull down via Scribd
The last sentence of the Government’s filing really says a lot while using very few words. In layman’s terms the Government essentially argued that Bannon is the Court Jester of the purported “kangaroo kourt” —and Bannon’s strategy has always been throw enough pasta on the wall and see what sticks. However in this analogy Defendant Bannon actually forgot to boil the pasta.
Again Defendant Bannon apparently has zero respect for our laws, much less the Federal Criminal Rules of Procedure. One thing to keep in mind, that July 8th filing by the Government addressed Defendant Bannon’s absurd strategy of his purported “right to cross examination members of Congress” —at no time has the Government stated (or filed) any briefing that they planned on calling members of Congress as witnesses
Because the Defendant, the proponent of his desired evidence, has failed to meet his burden to establish its relevance and propriety, it should be excluded and the Government’s motion should be granted.
As you’ll note the Government argues that Defendant Bannon seeks to create chaos irrespective of the Federal Rules of Criminal Procedure. Furthermore Bannon’s strategy is to somehow ignore the rules and to make a mockery of our judicial process. Most offensively is Bannon’s strategy is to confuse the Jury and to put the Government as the Defendant. Nearly all of Bannon’s arguments are neither supported in actual case law or are so beyond the outer limits of reasonableness that his own attorney should be refereed to the DC Bar or at a minimum impanel an ethics committee review of his grotesque conduct…more on that later:
Defendant suggests there is no cause for concern about an orderly trial in this case, but his actions have shown the opposite. In his opposition, he repeatedly argues he should be permitted to submit irrelevant and inflammatory information to the jury, in clear contravention of the law. In his submission of jury instructions in the parties’ joint pretrial statement, the Defendant asks the Court to instruct the jury it must find the Defendant knew his conduct was unlawful and that his defiance is excused by his attorney’s purported advice….
Which now brings us to July 10 et seq…as you’ll note on July 10, 2022 Defendant Bannon filed the following. And it’s important that you read Bannon’s filing becomes he’s arguing potential prosecutorial misconduct —which is in fact textbook “conclusory” statements.
Supplement by STEPHEN K. BANNON re 88 MOTION to Continue Trial —see ECF or you can pull down via my Scribd account
Once again I’d like to draw your attention to pages 2 et seq —here Bannon argues that the Government’s July 8, 2022 late disclosure of evidence concerning his Defense Attorney. That the Government’s purported untimely disclosure (re Jenks) means that Bannon’s rights have been violated. (Whispers, Bannon took a swing and he whiffed) —in short Bannon argues that this “disclosure on the eve of his criminal trial” is tantamount to (alleged) prosecutorial misconduct. And to further buttress Bannon’s (unpersuasive) argument, he then attempts to impugn the integrity of the lead prosecutor in his case
To wit on July 11, 2022 the Government responded to Bannon’s Supplemental and boy is it a delightfully strong rebuke of Bannon’s argument.
Memorandum in Opposition by USA as to STEPHEN K. BANNON re 103 Supplement to MOTION to Continue Trial. See ECF, aalso see ECF for Exhibit#1 or via my Scribd account
Mainly because it was Defendant Bannon who agreed to the July 8, 2022 deadline and the Court granted Bannon’s motion. But again we are dealing with Steve Bannon, who’s likely one of the most accomplished gas-lighters. You mix in Donald Trump and Steve Bannon and you get an explosive megalomaniacs looking to blow up the sense of norms and our Rule of Law…
Memorandum in Opposition by USA as to STEPHEN K. BANNON re 103 Supplement to MOTION to Continue Trial (Attachments: # 1 Exhibit 1. See ECF also see ECF for Exhibit#1
Again it’s not my opinion that some on social media are falsely saying Defendant Bannon’s “new found willingness to testify makes his indictment moot” I literally want to reach through the internet and slap the deep stupid out of the Blue-QANON and QANON falsely saying this. So repeat after me, because these are the facts, not some uninformed prognostications of conspiracy theorist. No really read pages 2 and 3 of Doc 104
…the Defendant apparently has not told the Committee he wishes to provide documents responsive to the subpoena, so his eleventh-hour efforts do nothing to begin to cure his failure to produce records….
Instead, his continued failure to comply with the subpoena’s document demand while claiming he now will testify suggests his actions are little more than an attempt to change the optics of his contempt on the eve of trial, not an actual effort at compliance.
There is no Executive Privilege to waive…
Do not get me started on the NYTs and Haberman’s past relationship with Steve Bannon. That fact alone is enough to question the motives at play. Go google Maggie Haberman & Steve Bannon and “the fourth estate” and then let me know if my summation and inference is incorrect. I’ll wait on your response(s).
To that end, the fact that the Government informed the Court that Bannon hasn’t actually provided the documents pursuant to the HSCJ6 Committee lawful subpoena, that’s telling and a nuance that many in the MSM have decided to overlook. Thusly on July 11, 2022 the Government filed the following
MOTION in Limine to Exclude Evidence or Argument by USA as to STEPHEN K. BANNON. See ECF or see Scribd
But the real juice is on Page 3, and it reads in part and you’ll note that factually speaking the Government’s argument regarding Bannon’s sudden about face does not ameliorate Bannon’s criminal behavior which subsequently lead to his indictment…
June 29, 2022, former President Donald Trump’s attorney, who sent the letter on which the Defendant claimed his noncompliance was based, confirmed what his correspondence has already established: that the former President never invoked executive privilege over any particular information or materials; that the former President’s counsel never asked or was asked to attend the Defendant’s deposition before the Select Committee; that the Defendant’s attorney misrepresented to the Committee what the former President’s counsel had told the Defendant’s attorney; and that the former President’s counsel made clear to the Defendant’s attorney that the letter provided no basis for total noncompliance.
Even the Defendant’s claim that the reason he is now willing to testify is because the former President is “waiving” executive privilege is subject to question given all of the evidence and law that has been addressed in this case, of which he must be aware, demonstrating that executive privilege never provided a basis for total noncompliance in the first place.
July 11, 2022 Judge issued a bevy of rulings
Incidentally the Judge presiding over Defendant Bannon’s criminal case, Carl John Nichols, was in fact a Trump nominee, see PN243 — Carl J. Nichols — The Judiciary… again in 2019, this Judge was nominated by president Trump.
Defendant Bannon’s request to continue his delay his criminal trial was: 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
The Judge opted to defer on the admissibility Bannon’s (purported) HSC6 testimony. Because that’s the prudent thing to do
In short the Judge ruled in favor of the Government -handing Defendant Bannon an incredibly strong rebuke…
And while most of the mainstream media has lost their ever loving minds, let me provide you with this fun fact nugget. If Defendant Bannon was really serious about testifying and complying with the 2021 lawful Congressional subpoena(s) then why pray tell has he refused to hand over the documents pursuant to aforementioned subpoenas. Yes that’s plural because the subpoenas were for Bannon’s oral testimony AND documents in his possession or in his control.
Again in the Government’s July 11, 202w filing, you’ll note that Clark confirmed Trump didn’t invoke Executive Privilege.Bannon was NOT a Federal Employee at the time. The Executive Privilege is NOT Trump’s to invoke, it resides with the current POTUS (Biden)—thusly there are in fact no colorable executive privilege claims. And here’s the reality; Steve Bannon has no intention of complying with those lawful subpoenas and his sudden about face is nothing more than Bannnon’s grotesque manipulation of the MSM and dirty shenanigans that he’s known for.
And of course your daily saltwater therapy… wait for the (music) drop -it’s actually pretty unexpected and it was a delightful surprise…
and now I believe you have a more fulsome set of facts, as it relates to Defendant Steve Bannon and his “judicial shenanigans” which can and should be summed up by this Twerking Clown. And YES for the record this video runs on loop when I see any article about Steve Bannon and the byline has Maggie Habberman. Sorry not at all sorry
Lastly I’m unlikely to publish an article tomorrow because my schedule is slammed and I’m going to be out of pocket, as in a total communication blackout because I can’t bring my electronics into the hearing. Notwithstanding if my schedule allows me to do the prerequisite research, I might (operative word) publish an article after COB tomorrow but I’m also mindful that my brain might be like goop. So there’s that fun little fact nugget. Again you can pull down the recent court filings via my Scribd Account
Be Well -Filey
LULLLZZZZZ As always, great minds. I tweeted last night, "Hum,...didn't Bannon's attorney ask to sever from him this week as he speculated that he might become a defendant in a case himself?" Then the story popped with the transcript about him potentially lying to Congress, and someone said, "No, witness," and I posted the GIF of the adorable girl choosing between hard and soft tacos asking, "Why not both," pointing out that "Lying to Congress, is in fact a crime," although pointing out that dependent on the circumstances, his lawyers statements could be compartmentalized and viewed through several different 'lens,' so people should not get all hot and bothered (was he sworn in, was he bevvy to all the facts, can that be objectively proven, is it a crime or an ethics violation, etc). I then pointed out the most blatantly, gives me a migraine, obvious two points. Executive privilege is not the former guys to grant, especially in this case, but in general as well, and the J6 committee is not ridiculous enough to give this sloppy sloth clown a public hearing and not have gone through MULTIPLE, highly vetted and objectively supported (documents, documents, documents, video, video, video!) depositions under oath, before he gets anywhere NEAR a live camera.
"All HELL is going to break loose tomorrow." Smartest guy in the room? Not hardly. Thank you for another great posting. I.Can't.Wait!