Closing arguments in the criminal trial of former Trump White House strategist Steve Bannon are to take place on Friday.
Mr Bannon’s legal team announced on Thursday that they would not be calling any witnesses in the case. Mr Bannon did not give evidence in his own defence.
Mr Bannon is on trial in Washington for failing to co-operate with the congressional committee which is investigating the riots at the US Capitol on January 6th last year which delayed the certification of Joe Biden as the winner of the 2020 presidential election.
Counsel for Mr Bannon asked the judge for a direct acquittal on the basis that the prosecution had not proven its case.
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Mr Bannon’s lawyer Evan Corcoran said the prosecution’s case against his client rested on the testimony of Kristin Amerling, the chief counsel to the January 6th committee, and it was “clear from her testimony that the dates were in flux”.
He said that “no reasonable juror could conclude that Mr Bannon refused to comply”.
During the case Mr Bannon’s lawyers have sought to maintain that negotiations were still under way between their client and the January 6th committee on its request for testimony and the provision of documentation.
Mr Corcoran told the jury in an opening statement earlier this week that “no one ignored the subpoena”.
Mr Bannon was indicted last November on two counts of contempt of congress after the congressional committee made a formal referral to the department of justice about alleged lack of co-operation with its activities.
If convicted Mr Bannon would face a minimum of 30 days in prison and potentially up to one year. He could also face a fine of up to $100,000.
The prosecution had rested its case on Wednesday after calling two witnesses, Ms Amerling and an FBI agent.
Ms Amerling gave evidence this week that she sent a 10-page subpoena to Mr Bannon’s then lawyer on September 23rd last year. This sought his client’s records, emails and other communications with a number of associates of the former president Donald Trump including Rudy Giuliani, Michael Flynn and John Eastman.
The subpoena required Mr Bannon to comply by October 7th last year and to appear for a deposition the following week.
She said Mr Bannon did not respond by the committee’s deadline of 10am on October 7th but later that day his lawyer sent an email.
The email maintained Mr Trump’s lawyer had indicated that some of the details sought in the subpoena involved information that was potentially protected from disclosure by executive and other privileges, said Ms Amerling.
It said Mr Trump was prepared to defend these privilege issues in court and until there was a resolution his client could not respond to the committee’s request for records and testimony, she added.
Ms Amerling said the committee replied to Mr Bannon by letter and maintained his position had no legal basis.
The letter said wilful non-compliance with the subpoena would force the committee to consider invoking the contempt of congress procedures, which could result in a referral from the House of Representatives to the department of justice for criminal charges — as well as the possibility of having a civil action to enforce the subpoena brought against Mr Bannon in his personal capacity.
