Home TRENDING NEWS 5 takeaways from Steve Bannon’s trial

5 takeaways from Steve Bannon’s trial

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Jurors made short work Friday of former Trump White House adviser Steve Bannon’s defense on contempt of Congress charges, returning two guilty verdicts against him after less than three hours of deliberation, including a lunch break.

The pair of guilty verdicts from a D.C. jury for Bannon over his defiance of a subpoena from the House committee probing the Jan. 6 attacks and former President Donald Trump’s campaign to overturn the 2020 election results are sure to grab the attention of other witnesses still resisting the panel’s requests or who may have given less-than-forthcoming testimony up to this point.

However, any actual jail time for Bannon in the case could be modest and may be years away. And the significant restraints the judge put on the defenses Bannon could offer at trial raise issues that could find traction at an appeals court or even the Supreme Court.

Here’s POLITICO’s look at the key takeaways from Bannon’s brief but attention-grabbing trial this week in D.C. federal court:

Can Bannon’s lawyers lick Licavoli?

Perhaps the most central figure in Bannon’s conviction Friday and the key to his potential victory in any appeal is a long-dead Detroit mobster and bootlegger, Peter “Horseface” Licavoli.

Licavoli died almost four decades ago and spent time in federal prison on a colorful variety of charges, including tax evasion, bribery and trafficking in stolen art. However, it was his refusal to testify to Sen. Estes Kefauver’s 1951 hearings on organized crime that produced a legal precedent central to Bannon’s case.

A decade later, the D.C. Circuit Court of Appeals upheld a contempt-of-Congress conviction against Licavoli, ruling that he could not rely on his lawyer’s legal advice as a defense.

While the precedent was set 61 years ago, U.S. District Court Carl Nichols concluded it is still good law and, as a result, Bannon could not use the advice-of-counsel defense. The ruling also undercut Bannon’s ability to argue that executive privilege excused him from showing up in response to the subpoena.

However, Nichols said on several occasions before and during the trial that he thinks the Licavoli case may well be wrong under modern legal standards, but he was compelled to apply it anyway.

“I was bound by D.C. Circuit precedent that I’m not even sure is right,” the Trump-appointed judge said Thursday.

Now, Bannon’s lawyers will face the task of trying to get the decision overturned or deemed irrelevant, something that may require getting Bannon’s case in front of the full bench of the appeals court or even taking it to the Supreme Court.

Steve Bannon’s attorney Evan Corcoran, arrives at the federal court in Washington, July 22, 2022.

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