Steve Bannon case delayed by court in sudden decision

A sudden death gave cause for a delay in Steve Bannon’s appeal just days before oral arguments were scheduled to begin.

In October 2022, the onetime adviser to former President Donald Trump was handed a four-month prison sentence and a $6,500 fine having been found in contempt of Congress for refusing to submit to a subpoena from the Jan. 6 committee.

Now, as counsel for the conservative commentator and host of the podcast “War Room” prepared for oral arguments to appeal that sentence, the United States sought a temporary delay after the unexpected death of their own counsel’s son.

“Due to the unexpected death of the son of appellee’s counsel, the United States respectfully requests this Court to reschedule this argument for a time on or after November 6, 2023,” read the motion filed Friday in the United States Court of Appeals for the District of Columbia Circuit.

The filing went on to note that Bannon’s counsel had agreed to the delay and specified, “Counsel for appellant, David Schoen, Esq., has kindly consented to this motion. He has advised that he would be available at any time, other than November 13, 2023, and the period from November 27 through December 1, 2023.”

Following the request, the three-judge panel agreed to a four-week delay and detailed Tuesday, “Upon consideration of appellee’s unopposed motion to reschedule oral argument, it is ORDERED that the motion be granted. This case is hereby removed from the court’s October 12, 2023 oral argument calendar and is rescheduled for oral argument on Thursday, November 9, 2023, at 2:00 p.m.”

Image: U.S. Court of Appeals

Slated to hear the appeal, the panel of judges was comprised of members appointed by each of the last three presidents. Judges Cornelia Pillard, Justin Walker and Bradley Garcia were respectively appointed by Presidents Barack Obama, Donald Trump and Joe Biden.

Bannon was not the sole individual to be convicted of contempt of Congress after refusing to comply with a subpoena from the Jan. 6 committee. Last month, Trump’s former trade adviser Peter Navarro was also convicted and vowed that he would be appealing on grounds of executive privilege.

Speaking outside the courthouse after his conviction, CNN reported Navarro stating, “We knew going in what the verdict was going to be. That is why this is going to the appeals court. And we feel — look, I said from the beginning this is going to the Supreme Court. I said from the beginning I’m willing to go to prison to settle this issue, I’m willing to do that.”

“President Trump has been a rock in terms of assistance. We talk when we need to talk,” Navarro added. “He will win the presidential race in 2024, in November. You know why? Because the people are tired of Joe Biden weaponizing courts like this and the Department of Justice.”

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Kevin Haggerty

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