Trump privilege claim didn’t apply to Steve Bannon, attorney tells DOJ

Former President Donald Trump by no means invoked govt privilege to forestall Steve Bannon from testifying earlier than the Home choose committee investigating final yr’s Capitol riot, regardless of the ex-White Home strategist claiming in any other case for months, federal prosecutors claimed Monday.

In a courtroom submitting forward of Bannon’s trial on two counts of contempt of Congress, US Lawyer Amanda Vaughn revealed that Trump legal professional Justin Clark informed the FBI in a June 29 interview that “the previous president by no means invoked govt privilege over any explicit data or supplies” in regard to Bannon. 

Clark additionally stated that Bannon’s authorized group “misrepresented to the Committee what the previous President’s counsel had informed the Defendant’s [Bannon’s] legal professional; and that the previous President’s counsel made clear to the Defendant’s legal professional that the letter offered no foundation for complete noncompliance.” 

The revelation comes two days after Bannon’s lawyer claimed Trump had “waived” the declare of govt privilege, permitting Bannon to look earlier than the panel.

Bannon was indicted in November after ignoring a subpoena from the committee to offer paperwork and testimony about his potential function within the occasions of Jan. 6, 2021, when a mob of Trump supporters broke into the Capitol and disrupted the certification of President Biden’s 2020 Electoral Faculty victory.

A video of Steve Bannon.
Steve Bannon on a video performed throughout the third public listening to of the Home Choose Committee investigating the January 6 assault on the US Capitol.
Sarah Silbiger/REUTERS
Donald Trump speaks during a "Save America" rally in Anchorage.
Steve Bannon claimed that conversations between him and former President Donald Trump have been protected by govt privilege when indicted in November.
Patrick T. Fallon/AFP through Getty Photos
Steve Bannon.
The Jan. 6 committee has lengthy rejected Steve Bannon’s makes an attempt to say govt privilege, since he was a personal citizen on the time of the riot.
Kevin Dietsch/Getty Photos

On the time, Bannon claimed that conversations between him and the forty fifth president have been protected by govt privilege, which insists on sure discussions between the president and key aides remaining confidential and out of the attain of congressional investigation.

In Monday’s five-page submitting, Vaughn argued that Bannon’s “sudden want to testify just isn't a real effort to satisfy his obligations however a last-ditch try and keep away from accountability,” and referred to as for any proof stemming from his effort to be excluded from his trial, which begins July 18.

“The prison contempt statute just isn't meant to obtain compliance; it's meant to punish previous noncompliance,” she wrote. “The Defendant’s purported need to testify now doesn't erase his previous contempt.”

Vaughn added that whereas Bannon might have expressed a want to testify, “apparently has not informed the Committee he needs to offer paperwork conscious of the subpoena”.

“Second,” the prosecutor went on, “the Defendant’s timing means that the one factor that has actually modified since he refused to adjust to the subpoena in October 2021 is that he's lastly about to face the implications of his choice to default.”

The Jan. 6 committee has lengthy rejected Bannon’s makes an attempt to say govt privilege, since he was a personal citizen on the time of the riot, having been fired from his official White Home function in August 2017.

The committee is scheduled to carry its subsequent listening to on Tuesday at 1 p.m. 

Commmittee member Rep. Jamie Raskin (D-Md.) informed CBS’s “Face the Nation” Sunday that the listening to will concentrate on the plotting and planning of the assault by white nationalist teams whereas additionally highlighting Friday testimony from former White Home counsel Pat Cipollone. 

One other listening to has been tentatively scheduled for Thursday evening.

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