Bannon’s protection workforce suggests the information of the attack — including testimony, pics, audio and online video that could be used as evidence or in arguments — should not come to be component of the demo simply because his case is only about compliance with a subpoena, and description of the attack could unfairly sway the jury versus him.
Bannon is billed with criminal contempt of Congress for failing to testify or transform in excess of paperwork in the Property pick out committee investigation — the very first scenario of its kind to consequence from the landmark congressional investigation. He has pleaded not guilty to the contempt charges.
“Evidence about activities that took location 8 months earlier (than his subpoena) — namely the January 6, 2021, assault on the U.S. Capitol — have no bearing on regardless of whether Mr. Bannon willfully built default in reaction to the September 23, 2021, subpoena. As a result, any proof or argument with regards to individuals activities need to be precluded,” Bannon’s defense crew wrote.
The Justice Division despatched its personal set of desk-location requests for the demo to the choose on Friday. Prosecutors requested to bar Bannon’s staff from elevating at his demo: his very own politics, the legitimacy and political composition of the Dwelling find committee, comparisons with other people who were not prosecuted for legal contempt next Dwelling subpoenas, accusations he was specific for prosecution unfairly or that he was excused from complying with his subpoenas since of government privilege.
“This case is about whether or not the Defendant was subpoenaed and irrespective of whether he confirmed up thereafter. The Court must not permit him to make it about just about anything else and really should grant this movement to exclude irrelevant evidence and argument at demo,” prosecutors wrote. “In his filings, at oral argument, and through push conferences in entrance of the courthouse, the Defendant has frequently sought to inject into this situation improper evidence and argument, make incendiary and baseless political attacks, and build a spectacle.”
Prosecutors argued on Friday that they consider Bannon will try out to sway jurors to set apart the law, even if he is confirmed responsible, and acquit him for other motives — a phenomenon known as jury nullification.
Bannon, a single of the proper wing’s most prominet showmen, has by now produced a habit of speaking about his circumstance publicly as he walks in and out of court docket appearances. Just this 7 days, minutes before appearing in advance of a federal judge, he named the Home committee derogatory names, expressing its general public hearings couldn’t compete with the interest his situation justifies. The judge denied his attempts to have the scenario thrown out.
At demo, Justice Section prosecutors, who been given a referral from the Residence to prosecute him, will want to confirm a comparatively slender scenario if they are to protected a conviction — that Bannon willfully refused to reply to the congressional inquiry. He will not be equipped to argue he relied on the tips of his attorney, the judge has previously ruled.
The Justice Section hasn’t indicated still how a lot it designs for its situation to aim on Bannon’s connection to the January 6 investigation itself. Prosecutors will have the chance to reply to Bannon’s ask for in court docket, as will Bannon to theirs, most likely revealing more about equally sides’ tactical approaches to the case. The decide, Carl Nichols of the DC District Court docket, will be ready to check with concerns about how such limitations would function.
Independently, Nichols is presently weighing whether Bannon can subpoena Democratic congressional leaders and Property pick committee customers for trial testimony. The Residence is making an attempt to block people subpoenas in court, expressing it is protected by the Constitution, and the Justice Office on Friday said it hopes that if the Residence associates really don’t testify, Bannon isn’t going to try to leverage that to help his situation.
“The Defendant has indicated, in his ceaseless exertion to make this situation about anything at all other than the points and the law, that he really should be authorized to use his failure to safe the witnesses’ appearances from the Government in this scenario,” prosecutors wrote.
Bannon’s crew did not go into great detail in its a few-site ask for to retain the demo from revisiting January 6.
“Even were being a person to believe that any proof about January 6, 2021, was relevant — and it is not — the evidence and argument have to however be excluded … its probative value would be much outweighed by its prejudicial influence,” his lawyers wrote. “This is specially legitimate presented that demo will consider place in Washington, DC, in which the U.S. Capitol is located, and since pictures and commentary about the assault, and the subsequent steps of the Pick out Committee, have saturated the neighborhood (and nationwide) media.”