Former chief White House strategist Steve Bannon “decided he was above the law” and refused to meet deadlines for giving evidence and providing documents to the committee investigating the January 6th attack on the US Capitol, prosecutors have said.
They maintained that he had broken the law by not complying with a subpoena issued by the committee of the US House of Representatives.
“That’s a crime,” assistant US attorney Amanda Vaughn told a jury in federal court in Washington on Tuesday at the start of Mr Bannon’s criminal trial.
Mr Bannon’s lawyer maintained his client was “innocent of these charges”.
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Mr Bannon, a former adviser to Donald Trump when he was in the White House, is facing charges of two counts of contempt of Congress. If convicted, he would face a minimum of 30 days and possibly up to one year in prison. He could also face a fine of up to $100,000.
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In a brief opening statement Ms Vaughn said: “The defendant decided he was above the law, and he didn’t have to follow the government’s orders like his fellow citizens, and that’s why we’re here today.”
“Congress was entitled to information because its subpoena “wasn’t a request, and it wasn’t an invitation. It was mandatory,” Ms Vaughn said.
She argued Mr Bannon’s lack of co-operation with the subpoena was deliberate and that the case was “that simple”.
“This case is about the defendant thumbing his nose at the orderly process of our government.”
“It wasn’t an accident. It wasn’t a mistake. It was a decision. It was a choice.”
“He just decided not to follow the rules”, Ms Vaughn said.
Counsel for Mr Bannon contended that the request by the January 6th committee for his client to testify and to provide documents had not simply been disregarded. He maintained that negotiations on the issue were underway between the parties.
“No one ignored the subpoena,” Mr Bannon’s lawyer Evan Corcoran maintained.
He argued that Mr Bannon did not commit criminal contempt of Congress.
He said the dates on the subpoena were “not fixed”. He said they were “flexible”.
Mr Corcoran also urged the jury to consider the politics surrounding the current case.
“My single request for you is to think about it and ask yourself: Is this piece of evidence affected by politics?” he said.
Mr Corcoran said the evidence in the trial was going to show there was “direct engagement” between the committee staff and Mr Bannon’s then lawyer.
“There was no ignoring the subpoena. There will be no evidence showing that.”
The trial is expected to resume on Wednesday.
