What to know about Friday's sentencing of Steve Bannon for contempt of Congress - CNN

CNN  — 

Steve Bannon, the ex-adviser to erstwhile President Donald Trump, volition beryllium sentenced connected Friday for transgression contempt of Congress aft defying of a subpoena from the House committee investigating the January 6, 2021, insurrection.

The sentencing volition unfold successful a national courtroom successful Washington, DC. Judge Carl Nichols – a Trump appointee – volition manus down the punishment successful proceedings that volition statesman astatine 9 a.m. ET.

The sentencing is simply a milestone infinitesimal successful the Justice Department’s effect to January 6, arsenic prosecutors accidental that by “flouting” the committee’s subpoena, Bannon “exacerbated” the battle connected the regularisation of instrumentality that the US Capitol onslaught amounted to. It whitethorn besides bolster the leverage lawmakers person successful securing practice of witnesses resistant to participating successful legislature investigations.

Bannon was convicted this summer – by a assemblage that deliberated for little than 3 hours – for 2 counts of contempt: 1 for his refusal to attest successful the probe and the different for his nonaccomplishment to crook implicit the documents the committee demanded. Each number carries a maximum imprisonment of 1 year, though the condemnation that volition beryllium handed down Friday volition apt beryllium shorter.

Bannon is besides appealing his case, arsenic his lawyers proceed to assertion that helium believed enforcement privilege concerns precluded his practice with the House investigation. Prosecutors countered that statement successful tribunal filings showing that Trump’s ain lawyer was not connected committee with Bannon stiffing the House probe.

Here’s what to cognize going into Bannon’s sentencing:

Nichols volition not lone beryllium deciding what punishment Bannon should face; the justice volition besides find whether that punishment volition hold until aft the Trump ally’s entreaty of his condemnation has played out.

Bannon has asked the justice to hold his condemnation until aft the US Court of Appeals for the District of Columbia Circuit considers his case, a process that could instrumentality respective months. Nichols whitethorn beryllium inclined to assistance that request.

The contempt of Congress complaint is lone a misdemeanor. And passim the proceedings, Nichols has expressed sympathy to the ineligible arguments Bannon was making astir wherefore the government’s lawsuit against him was flawed. The justice said, however, that helium was bound by decades-old DC Circuit precedent that severely constricted what benignant of grounds Bannon could enactment guardant successful his defense.

“This lawsuit presents a unsocial accidental to update the law,” Bannon said successful his petition that the condemnation beryllium paused portion the lawsuit is appealed.

In a filing Thursday, the Justice Department made wide that it opposes the ex-Trump adviser’s request, saying the tribunal should “require the Defendant to study to service his condemnation successful the mean course.”

The Justice Department told the justice successful tribunal filings that Bannon should service six months successful situation for his crimes, with prosecutors emphasizing the “bad faith” they accidental Bannon showed successful however helium approached some the subpoena and the prosecution that was brought against him.

Such a condemnation would beryllium connected the precocious extremity of the 1-6 months sentencing scope contemplated by the guidelines the US Probation Office enactment forward.

The DOJ sentencing memo attacked the arguments Bannon enactment guardant that helium was simply listening to the proposal of his attorneys successful not complying, arsenic the prosecutors highlighted the fiery remarks helium made publically astir the case.

“The Defendant has expressed nary remorse for his behaviour and attacked others astatine each turn. The Court should cull the Defendant’s petition to beryllium credited with acceptance of work that helium has ne'er shown,” the prosecutors wrote.

Bannon is requesting that the justice condemnation him lone to probation. In doing so, his filings with the tribunal person not stressed his remorse but alternatively argued however unfair it would beryllium for him to beryllium jailed. Bannon teed up suggestions that the prosecution had partisan motivations, portion claiming that the lawsuit instrumentality that shaped his proceedings was “outdated” and that helium was lone listening to the proposal of his lawyers successful not complying with the subpoenas.

“Should a idiosyncratic beryllium jailed wherever the authoritative declined to prosecute others who were likewise situated – with the lone quality being that this idiosyncratic uses their dependable to explicit powerfully held governmental views?” helium wrote.

Bannon besides floated the thought that helium beryllium allowed to service a condemnation the justice imposes successful location confinement.

Prosecutors successful the Thursday filing called Bannon’s proposal that helium beryllium sentenced to lone probation “unlawful,” arsenic they pointed to the 1 period minimum that the legislature contempt statute sets.

The DOJ filing said the lone exemptions that let for courts to spell beneath statutory minimums are for definite cause cases and for defendants that connection important assistance to instrumentality enforcement.

“The Defendant should beryllium held accountable similar immoderate different national recovered blameworthy of a national crime—as mandated by law, the Court should enforce a word of imprisonment, not probation,” the section said.

Bannon’s discourtesy besides comes with a maximum good of $200,000 – $100,000 per count. According to the DOJ’s filings, Bannon has already conceded to paying that maximum punishment due to the fact that helium refused to stock with the probation bureau details astir his finances.

“Rather than disclose his fiscal records, a request with which each different suspect recovered blameworthy of a transgression is expected to comply, the Defendant informed Probation that helium would similar alternatively to wage the maximum fine. So beryllium it,” prosecutors wrote. “This Court should necessitate the Defendant to comply with the bargain helium projected erstwhile helium refused to reply modular questions astir his fiscal condition.”