May 24, 2022

Bannon not allowed to use key defense in J6 contempt case

A U.S. district judge has ruled that Steve Bannon will not be allowed to use a key part of his defense to argue in defense of charges against him related to the Jan. 6 Capitol riot.

U.S. District Judge Carl Nichols determined that Bannon’s plan to claim he was not culpable due to following his lawyer’s advice would not apply in his case.

Licavoli remains binding, and Bannon has failed to demonstrate that it is inapplicable here. After all, Licavoli involved a prosecution under the exact statute that Bannon is charged with violating,” Nichols wrote.

“The Court of Appeals expressly held that an advice-of-counsel defense is unavailable for that charge,” he added.

Bannon was ruled in contempt of Congress in October for failing to appear for a deposition before the House select committee.

“The contempt charge was forwarded to the Justice Department, which then proceeded to pursue criminal charges on two counts of contempt of Congress. Each charge carries between 30 days and a year in prison, as well as up to a $100,000 fine if convicted,” the Washington Examiner reported.

The new ruling will make it more difficult for Bannon to argue his case, but the final decision is far from over regarding the matter.

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