The former Trump adviser faces trial on two counts of criminal contempt of Congress.
Bannon was indicted in November on two counts of criminal contempt of Congress, one month after the Justice Department received a congressional referral. Each count carries a minimum of 30 days of jail and as long as a year behind bars.A lawyer for Bannon told the committee in a letter over the weekend that Bannon was now prepared to testify after Trump issued his own letter saying he would waive any claim of executive privilege.
Though such a professed willingness to testify won’t erase the criminal charges Bannon faces, Nichols left open the possibility that the letters could be referenced at trial, saying the information was “at least potentially relevant” to Bannon’s defense. The judge mused earlier Thursday that Bannon could argue that he believed the committee’s dates for compliance with the subpoena were malleable and flexible — an argument prosecutors say is belied by the facts and the law.
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