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Judge rules Bannon must go to prison by July 1 while appealing contempt case

  

Category:  News & Politics

Via:  hallux  •  one week ago  •  44 comments

By:   Spencer S. Hsu - WaPo

Judge rules Bannon must go to prison by July 1 while appealing contempt case

S E E D E D   C O N T E N T


A federal judge on Thursday ordered former Trump political adviser and right-wing podcaster Stephen K. Bannon to report to prison by July 1 to begin serving a  four-month prison term  for contempt of Congress after an  appeals court in May upheld his conviction .



Federal prosecutors   had asked the judge to lift the hold on his sentence , arguing that   no substantial legal questions remain   over Bannon’s two-count conviction for refusing to provide documents or testimony to a House committee probing the   Jan. 6 , 2021 Capitol attack. A panel of the U.S. Circuit Court of Appeals for the D.C. Circuit rejected Bannon’s appeal on all grounds last month.



U.S. District Judge Carl J. Nichols agreed after a nearly hour-long hearing. “I don’t believe that the original basis for my stay of Mr. Bannon’s sentence exists any longer. I no longer consider that his appeal raises substantial questions of law of a kind likely to reverse his conviction,” Nichols said, citing that panel’s ruling.


A lawyer for Bannon, 70, disagreed, arguing to Nichols that the same legal questions that prompted the judge to allow his client to remain free after sentencing will remain unsettled until the full D.C. Circuit or the Supreme Court resolve them. Nichols, a Trump appointee who sentenced Bannon in October 2022 but agreed to postpone his prison stay pending appeal, acknowledged Bannon was likely to appeal his latest order, and gave him nearly four weeks to seek a stay from higher courts.



Bannon, seated at a defense table in his usual layered black blazer and shirts, did not visibly react to the decision. Outside the courthouse, he cast his case in partisan terms. “This is about one thing — shutting down the MAGA movement, shutting down grassroots conservatives, shutting down president Trump,” Bannon said. “There’s not a prison built or a jail built that will ever shut me up ... We’re going to win this. We’re going to win at the Supreme Court, and, more importantly, we’re going to win on Nov. 5 in an amazing landslide.”



Bannon’s attorneys similarly had signaled they felt the issue was one for higher courts.

“By the Government’s own account, these issues can only be fully reviewed on their merits by the Court of Appeals sitting en banc or by the United States Supreme Court; therefore there is no basis for considering the removal of the stay of the sentence pending appeal until the appeals process has fully run its course,” Bannon attorney David I. Schoen argued in filings before Thursday’s hearing.


Bannon would suffer “irreparable harm” if he were sent to prison now because he would almost certainly complete his four-month sentence before his appeals are decided, Schoen wrote.



Schoen has said that he would seek a rehearing before the full D.C. Circuit after a three-judge panel of the appeals court affirmed on May 10 Bannon’s conviction at trial by a D.C. jury in July 2022. The panel said that Bannon can still seek a review from the full appeals court or the Supreme Court, and that it would not return the case to Nichols until seven days after either handled such a request. Prosecutors argued that Nichols retains authority to revoke Bannon’s bond now and make him report to prison.


At sentencing, Nichols placed Bannon’s reporting date on hold, saying he raised a substantial question about whether he should   be able to argue that he did not “willfully” refuse to cooperate because he relied on legal advice   to ignore a House subpoena for his documents and testimony, among other defenses.



Nichols has said that he did not have the authority to overrule a 1961 D.C. Circuit decision barring such defenses, but that the full court of appeals could.



Bannon could also ask the Supreme Court to intervene, but the justices   declined a similar request   from Trump trade adviser Peter Navarro, 74, who   in March became the first person incarcerated   for contempt of Congress in more than half a century, since the red-baiting hearings of the Cold War era. Navarro, who   said in a memoir   that he and Bannon had a plan for Jan. 6 that would keep   Joe Biden   from taking office, was   convicted of the same crimes in September   and received   an identical sentence in January   from U.S. District Judge Amit P. Mehta.



Navarro interacted with the House investigative committee without an attorney, however, while Bannon communicated with them through an attorney, Robert J. Costello, who represented Bannon in several matters before withdrawing from the case before trial because he was a potential witness.





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Hallux
PhD Principal
1  seeder  Hallux    one week ago

Relax Steve, 6 months is better than the fate your pal Trotsky met.

 
 
 
Tessylo
Professor Principal
1.1  Tessylo  replied to  Hallux @1    one week ago

The delousing process that I believe inmates go through prior to incarceration should take about three days with this pile of human refuse.

 
 
 
Vic Eldred
Professor Principal
1.2  Vic Eldred  replied to  Hallux @1    one week ago

Why do only certain people go to jail for "contempt of congress?"

 
 
 
cjcold
Professor Quiet
1.2.1  cjcold  replied to  Vic Eldred @1.2    one week ago

Because they are the guilty ones?

My question is why Trump wasn't in prison years ago?

 
 
 
Drinker of the Wry
Junior Expert
1.2.2  Drinker of the Wry  replied to  cjcold @1.2.1    one week ago
My question is why Trump wasn't in prison years ago?

He wasn’t convicted years ago.

 
 
 
MrFrost
Professor Guide
1.2.3  MrFrost  replied to  Vic Eldred @1.2    one week ago

Why do only certain people go to jail for "contempt of congress?"

Ask Jim Jordan... 

 
 
 
devangelical
Professor Principal
1.2.4  devangelical  replied to  Vic Eldred @1.2    one week ago
Why do only certain people go to jail for "contempt of congress?"

yeah, when's jim jordan going to face the music? I recommend something off trump's playlist, like the village people maybe...

steve should get a haircut before going in, or he's probably going to be eating a lot of soap and drinking a lot of water...

 
 
 
devangelical
Professor Principal
1.2.5  devangelical  replied to  Vic Eldred @1.2    3 days ago
Why do only certain people go to jail for "contempt of congress?

why would any american want to support a convicted felon as their presidential candidate?

 
 
 
CB
Professor Principal
1.2.6  CB  replied to  devangelical @1.2.5    3 days ago

How low the once mighty GOP has fallen!  It's insignia will be stricken down and trampled and there shall be no place found for it in the pantheon of tomorrows! Woe! 

Yet the sound of crashing down to the dirt must be heard whenever the U.S government, a Titan, must reprimand one of its children. 

 
 
 
devangelical
Professor Principal
1.3  devangelical  replied to  Hallux @1    2 days ago
better than the fate your pal Trotsky met

hopefully there's no pick axes available at club fed...

 
 
 
evilone
Professor Guide
2  evilone    one week ago

This guy represents the worst of humankind. 

 
 
 
devangelical
Professor Principal
2.1  devangelical  replied to  evilone @2    4 days ago

funny how trump won't be able to associate with a lot of his former friends after today...

 
 
 
devangelical
Professor Principal
2.1.1  devangelical  replied to  devangelical @2.1    3 days ago

I'm sure his probation officer warned him today about any contact with the criminal element he worked with previously...

 
 
 
CB
Professor Principal
2.1.2  CB  replied to  devangelical @2.1.1    3 days ago

Were he to make it to jail-cell, I am pretty sure he would be in isolation (and that ain't necessarily good either). "One - Is the loneliest number."  - Three Dog Night. 

One has to wonder if Donald is compelled to spend imposed quality time with himself alone would he be 'visited' by all the ghosts whom lives he has ruined. jrSmiley_26_smiley_image.gif

 
 
 
Trout Giggles
Professor Principal
3  Trout Giggles    one week ago

Things just keep getting and better for him, don't they?

 
 
 
Tessylo
Professor Principal
3.1  Tessylo  replied to  Trout Giggles @3    one week ago

See how everyone surrounding the former 'president' are just the worst, slimiest, shittiest, scummiest 'people'.  From Bannon to Roger Stone, EVERYONE it seems.

 
 
 
Trout Giggles
Professor Principal
3.1.1  Trout Giggles  replied to  Tessylo @3.1    one week ago

Remember when he says he hires only the "best" people.

Did he go into the sewers to find the best?

 
 
 
CB
Professor Principal
3.1.2  CB  replied to  Trout Giggles @3.1.1    one week ago

Yes. Donald is a bottom-feeder. And apparently there are quite enough grifters on the bottom waiting to be scouted by him.

 
 
 
devangelical
Professor Principal
3.1.3  devangelical  replied to  Trout Giggles @3.1.1    one week ago
Did he go into the sewers to find the best?

they were the only people available in the sewer...

 
 
 
Trout Giggles
Professor Principal
3.1.4  Trout Giggles  replied to  devangelical @3.1.3    one week ago

I'm sure there were rats down there...with better characters

 
 
 
CB
Professor Principal
3.1.5  CB  replied to  Trout Giggles @3.1.4    one week ago

Real sewer rats don't want a cushy office job!

 
 
 
Trout Giggles
Professor Principal
3.1.6  Trout Giggles  replied to  CB @3.1.5    6 days ago

How do you know? Did you ever ask a rat?

lol

 
 
 
CB
Professor Principal
3.1.7  CB  replied to  Trout Giggles @3.1.6    6 days ago

OIG3.j_cz7YeC3GsmYCzvplqv?w=1024&h=1024&rs=1&pid=ImgDetMain

Oh golly wow.  . .it's all too much. . .when's lunch? Ugh, this place smells weird. Somebody get me my agent!

 
 
 
Trout Giggles
Professor Principal
3.1.8  Trout Giggles  replied to  CB @3.1.7    6 days ago

LOL and cute!

 
 
 
Tessylo
Professor Principal
3.1.9  Tessylo  replied to  Trout Giggles @3.1.4    6 days ago

my thoughts exactly

 
 
 
Tessylo
Professor Principal
3.1.10  Tessylo  replied to  devangelical @3.1.3    6 days ago

You should check out Stephen Colbert the other night and the secret juror on the trial of convicted felon 34 counts - freaking hilarious.

 
 
 
CB
Professor Principal
4  CB    one week ago

Our court system has a problem: Either it takes too long to process cases to final judgement or it is open to abuse. The Bannons; and Donalds' have finally fixated on the fine art of using the court system as a delaying tactic (most people like to get it over with) while these hard-core belligerent types exploit every hole in the system. Now, just imagine what would have to our 'burdened' system of justice if EVERY citizen that goes to court for crime and punishment chose to fight their case through the appeals process. . . the system would stall completely (it's showing stress and strain now from these. . . clowns). On the otherhand, why should these "clowns" be the ones who get to 'enjoy' time and delay while others just go to jail/prison.

It's time for our legal system to shit or get off the damn pots! Fix this now!

 
 
 
Kavika
Professor Principal
5  Kavika     one week ago

The human dumpster is going to jail....LOL

 
 
 
Tessylo
Professor Principal
5.1  Tessylo  replied to  Kavika @5    6 days ago

that's another good description of mr. walking talking crabs and anal warts (not that I've ever seen one or had the misfortune of crabs or anal warts) lol

 
 
 
Gsquared
Professor Principal
6  Gsquared    one week ago

Bannon is going to decorate his cell and get it ready for his new cellmate.

  800

 
 
 
Vic Eldred
Professor Principal
6.1  Vic Eldred  replied to  Gsquared @6    one week ago

Hi my name is Eric Holder.

I was held in contempt of Congress for failing to turn over documents on running guns to Mexican cartels.

Nothing happened to me because I’m a Democrat.

GPaMQsTXQAArN0p?format=jpg&name=small

 
 
 
CB
Professor Principal
6.1.1  CB  replied to  Vic Eldred @6.1    one week ago

Nothing happened to him, because MAGAs lacked the power in the senate to carry the bad case forward. But, oh look! Donald was impeached twice (for trying to take (unreasonable)  advantage of Ukraine and be transactional; for taking advantage of his supporters on J6 by ordering them to Washington and while rumored whirled around that they might be up to no good-he did not sufficiently or regularly tell them to assent to good order protesting.) Details matter.

Somebody should ask Biden to utterly and completely pardon former AG Holder. 

 
 
 
Vic Eldred
Professor Principal
6.1.2  Vic Eldred  replied to  CB @6.1.1    5 days ago
Nothing happened to him, because MAGAs lacked the power in the senate to carry the bad case forward.

He would have had to prosecute himself.

Obama replaced him soon after that.

 
 
 
CB
Professor Principal
6.1.3  CB  replied to  Vic Eldred @6.1.2    5 days ago

So you admit the GOP House of Representatives had a "show trial" of sorts. That is, it was performance art.' And, then MAGAs impeached Merrick Garland as a second act of 'art.'

AG Holder RESIGNED in 2015 and Obama's second term terminated on the proper schedule. It is interesting to me how you hide the facts with your use of language. You say he was REPLACED, seeming to bring to mind that Obama threw him out. You fully know that he resigned of his own free will. Likely, because GOP House Representatives made him a lightning rod and hit him repeatedly with RETRIBUTION.

You chose disinformation over facts as known and understood. You have no knowledge of why AG Holder RESIGNED as it is not public.

256  

We see MAGAs.

 
 
 
MrFrost
Professor Guide
7  MrFrost    one week ago

I can hear the warden now... "But we just got the damn prison cleaned!!!!!"

 
 
 
devangelical
Professor Principal
7.1  devangelical  replied to  MrFrost @7    5 days ago

hopefully anonymous hacks his shit and leaves him destitute, while he becomes the maga sodomy poster boy...

 
 
 
Tacos!
Professor Guide
8  Tacos!    one week ago

This could happen with Trump, too, if he is sentenced to do time next month. Even though he will obviously appeal, he may well be ordered to prison pending that appeal.

 
 
 
Gsquared
Professor Principal
8.1  Gsquared  replied to  Tacos! @8    one week ago

Given his egregious conduct regarding the trial and the entire judicial process, and his continuing lack of remorse, it would serve him right.

 
 
 
CB
Professor Principal
8.1.1  CB  replied to  Gsquared @8.1    one week ago

Donald (ME-ME-ME) has the 'best' lawyers for a reason. . . it is their ONE JOB to allow Donald to micro-manage his cases while being accountable for his losses (and their pay) at the end of the day. And if this appeals ends poorly for Donald ( a big IF up or down) on the down side. I expect him to suit his team of lawyers or just not pay them their due. 

 
 
 
devangelical
Professor Principal
8.2  devangelical  replied to  Tacos! @8    one week ago

if I was the judge, I'd make trump serve out the gag order violations as a contempt of court sentence until his appeal court date...

 
 
 
evilone
Professor Guide
8.2.1  evilone  replied to  devangelical @8.2    one week ago
if I was the judge,

I would order the maximum time allowed of community service. 

 
 
 
devangelical
Professor Principal
8.2.2  devangelical  replied to  evilone @8.2.1    6 days ago

I'd want to know the stretch of highway that POS was picking up trash...

 
 
 
Tessylo
Professor Principal
8.2.3  Tessylo  replied to  devangelical @8.2.2    6 days ago

awesome

 
 
 
CB
Professor Principal
9  CB    3 days ago

The pendulum is starting to swing back in the other direction, and judges are getting tired of these "never-ending MAGAs" hanger-on cases.

 
 

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