Bannon is trying a twofold hail Mary defense to prevent his serving four months in prison for defying a congressional subpoena: 1. Executive privilege. 2. He relied on bad advice from his lawyer that executive privilege was a good defense.
Former White House official and Donald Trump ally Steve Bannonís effort to toss his contempt of Congress convictions faced a skeptical federal appeals court panel Thursday, as judges questioned Bannonís claim that executive privilege should have protected him from prosecution.
Last year, a federal jury found Bannon guilty of two counts of contempt of Congress for defying a subpoena from the House select panel investigating the Jan. 6, 2021, attack on the Capitol. (D.C. Circuit Judge Cornelia Pillard pointed out that Bannon left a White House post in 2017 and none of the activities covered by the panelís subpoena came during Bannonís time in the White House.)
An attorney for Bannon told the U.S. Court of Appeals for the District of Columbia Circuit on Thursday that the trial judge should have allowed Bannon to argue that he relied on his lawyerís advice, which was that former President Trump asserted executive privilege and that it protected Bannon from testifying.