Natalia Mittelstadt – The sentencing of ex-Trump White House political adviser Steve Bannon for contempt of Congress concluded Friday morning with four-month imprisonment and a $6,500 fine.
The judge overseeing the case said that while Bannon poses a “very small risk of recidivism with regard to congressional subpoenas,” there must be a deterrence for others to commit “similar crimes,” NBC News reported.
However, the judge also said that if Bannon filed his appeal in a timely manner, then he will suspend the prison sentence until the appeals process concludes. He has 14 days to appeal his conviction, according to CNN.
Bannon’s lawyer, David Schoen, told reporters after the sentencing hearing, “As usual, the judge listened carefully and entered a decision that he thought was appropriate. We certainly fully respect the judge’s decision. But we’ll be filing a notice of appeal as the judge indicated.
“Very grateful to the judge for thinking through the issues candidly and it is an extraordinary move to permit a stay pending appeal. It was an appropriate move.”
Schoen added that he has “said it before and I would confirm it, I believe that the appeal in this case is bulletproof. The constitutional issues involved in this case are very important, but Mr. Bannon never got to tell the reason for his actions with respect to the subpoena, never got to tell his story because the government insisted from day one on prohibiting any mention and any evidence or discussion to go before the jury as to why Mr. Bannon reacted as he did to the subpoena on the advice of counsel.”
Bannon also spoke following the sentencing by the judge, saying, “I fully respect it, I’ve been totally respectful this entire process on the legal side,” The Guardian reported.
He argued that he testified for hours in the Mueller probe.
“I testified before the Mueller commission for more hours. I testified in front of [Rep. Adam] Schiff in the House intelligence committee more than any other person in the Trump administration. I testified in front of the Senate intelligence [committee], I think more than anybody, about the issues related to Russiagate, to all of that. The same process every time.
“I had lawyers that were engaged, they worked through the issues of privilege. At that time, I went and testified. And this thing about I’m above the law is an absolute and total lie.”
Bannon also discussed his appeal and the midterm elections.
“Today was my judgment day by the judge. And we’ll have a very vigorous appeals process. I’ve got a great legal team, and there’ll be multiple areas of appeal.
“But as that sign says right there,” he said, pointing to a sign behind him, “vote. On November 8, there’s gonna have [sic] judgment on the illegitimate Biden regime and quite frankly, and quite Nancy Pelosi and the entire committee. And we know which way that’s going.
“This is democracy. The American people are weighing and measuring what went on with the Justice Department and how they comported themselves. Merrick Garland will end up being the first attorney general that’s brought up on charges impeachment, and he’ll be removed from office.”
Federal prosecutors had recommended a punishment of six-month behind bars, which has been followed by Bannon asking for probation or home confinement that would be halted pending appeal.
The Justice Department in its sentencing recommendation Monday also asked the federal judge in the case to impose a $200,000 fine on Bannon, who was found guilty in July of contempt for refused to comply with subpoenas from the Democrat-led House Jan. 6 committee to testify.
Bannon’s lawyers unsuccessfully argued they and their client were continuing to negotiate with the committee about the terms of the subpoenas.
Bannon had agreed to pay the maximum $200,000 fine because he didn’t want to disclose his finances to the probation office, according to CNN.
The two counts of contempt included his refusal to testify and refusal to hand over documents sought be the committee, which each count carrying a maximum sentence of one-year imprisonment. However, the sentencing range guidelines of the U.S. Probation Office is one to six months.
Judge Carl Nichols of the U.S. District Court for the District of Columbia is overseeing the trial proceedings. Bannon’s appeal of the ruling would go to the U.S. Court of Appeals for the District of Columbia Circuit.
Bannon’s lawyers rhetorically questioned in their filing Monday whether a person should “be jailed for relying on the advice of his lawyers” or in situations where the prosecutor declined to prosecute similar cases.
“Because we believe that the answer to each of these questions is no, we respectfully ask this Court to impose a sentence of probation, and to stay the imposition of sentence pending appeal,” they wrote.
The DOJ countered the Bannon’s arguments about him simply following his attorneys’ advice.
“The Defendant has expressed no remorse for his conduct and attacked others at every turn. The Court should reject the Defendant’s request to be credited with acceptance of responsibility that he has never shown,” the prosecutors wrote.
SF Source Just The News Oct 2022