Stephen K. Bannon turned himself in to federal authorities after being indicted on a charge of refusal to comply with a congressional subpoena over the Jan. 6 attacks on the Capitol.
Stephen K. Bannon, the former Trump White House adviser who was indicted last week for defying a congressional subpoena, surrendered to federal authorities Monday morning and was released on personal recognizance after making his first court appearance in the afternoon.
Bannon, 67, entered the FBI field office in downtown Washington after walking through a crowd of photographers, saying: “I don’t want anybody to take their eye off the ball for what we do every day. . . . We’re taking down the Biden regime.”
In court, Bannon appeared in a green barn jacket and black collared shirt before U.S. Magistrate Judge Robin M. Meriweather, who read the charges against him: two counts of contempt of Congress, each punishable by at least 30 days and up to a year in jail if convicted and up to a $100,000 fine. Bannon was not arraigned and did not enter a plea. He will appear Thursday before U.S. District Judge Carl J. Nichols of Washington.
Prosecutors did not seek detention for a misdemeanor offense, and Bannon was released after swearing to comply with pretrial court supervision, including checking in weekly by phone and notifying the court of any travel outside the D.C. area. Afterward, he spoke outside the court to reporters while protesters held up a sign saying “coup plotter’” behind them.
Steve Bannon indicted after refusal to comply with Jan. 6 committee subpoena
“It is outrageous that a criminal charge was brought in this case. It is a misdemeanor, but it’s being treated as if it were a capital case,” Schoen said. “The principles of equal justice under law that Attorney General Garland speaks about is vitally important to all of us, and we all lose as Americans when they’re selectively used and when we violate that principle.”
Pressed on why Bannon did not simply show up before the committee and invoke privilege, as other witnesses have, and whether Bannon received bad legal advice, Schoen asserted that Justice Department Office of Legal Counsel opinions state that a witness in Bannon’s situation need not show up. He asserted that Bannon asked the committee to have a representative of the person invoking executive privilege — referring apparently to Trump — to appear with him, but the panel “refused to allow that.”
The House committee did not immediately respond to a request for comment. The Justice Department said that it “typically does not comment on cases beyond what is stated or submitted to the Court and has no comment on this particular matter.”
A federal grand jury indicted Bannon on Friday after he ignored a Sept. 23 subpoena to testify before and provide documents to the House committee investigating the Jan. 6 attack.
The committee wants to question Bannon about activities at the Willard hotel the night before the riot, when Trump supporters sought to persuade Republican lawmakers to block certification of the 2020 election results. The subpoena noted that Bannon predicted that “hell is going to break loose” on Jan. 6, and the committee’s report recommending that he be found in contempt said the comments indicated he “had some foreknowledge about extreme events that would occur the next day.”
Ahead of Jan. 6, Willard hotel in downtown D.C. was a Trump team ‘command center’ for effort to deny Biden the presidency
In declining to cooperate, Bannon’s lawyer wrote to the committee in October saying he was contacted by Trump lawyer Justin Clark and instructed not to respond, and would not cooperate pending a court order or a committee agreement with Trump.
Biden’s White House Counsel’s Office, however, has declined to assert executive privilege regarding documents and witnesses related to the Jan. 6 riot. A Trump lawsuit challenging whether a former president’s assertion of executive privilege can countermand a sitting president’s waiver of that privilege is pending before the federal courts, with a hearing set for Nov. 30.
The crosscutting legal battles reflect the committee’s desire to move swiftly, and the outcome could influence how and when other witnesses respond.
The panel has subpoenaed at least 20 Trump aides, including former White House chief of staff Mark Meadows. Meadows did not appear Friday for a scheduled deposition, officials said.
Also subpoenaed was 2020 Trump campaign manager Bill Stepien, senior adviser Jason Miller, former Trump national security adviser Michael Flynn and former White House personnel director John McEntee.
The big warning signal Stephen Bannon’s indictment sends
The indictment is Bannon’s second since last year. In 2020, he was charged alongside three others in an alleged fundraising scam targeting donors to a private campaign to build a wall along the U.S.-Mexico border.
Bannon, who pleaded not guilty in that federal case, was accused of pocketing more than $1 million from his involvement with We Build the Wall while claiming that all the money was being used for construction. He was pardoned by Trump before the case could go to trial, but his co-defendants still face charges.
