January 6th legal proceedings and investigations megathread

[emailking]

Steve Bannon says he's willing to testify before January 6 committee after Trump waives claims of executive privilege

Steve Bannon -- who defied a congressional subpoena and is set to go to trial on criminal contempt charges -- told the House select committee investigating the January 6, 2021, insurrection on Saturday that he is now willing to testify, ideally at a public hearing, according to a letter obtained by CNN.

Bannon's reversal comes after he received a letter from former President Donald Trump waiving executive privilege, although both the House select committee and federal prosecutors contend that privilege claim never gave Bannon carte blanche to ignore a congressional subpoena in the first place.

"When you first received the Subpoena to testify and provide documents, I invoked Executive Privilege. However, I watched how unfairly you and others have been treated, having to spend vast amounts of money on legal fees, and all of the trauma you must be going through for the love of your Country, and out of respect for the Office of the President," Trump wrote in a Saturday letter to Bannon, which was also obtained by CNN.

"Therefore, if you reach an agreement on a time and place for your testimony, I will waive Executive Privilege for you, which allows you to go in and testify truthfully and fairly" Trump added, as he went on to decry the committee of "Thugs and Hacks."

https://www.cnn.com/2022/07/10/politics/steve-bannon-trump-january-6-executive-privilege/index.html

[President Johnson]

How can Trump even claim executive privilege at this point? He's no longer the president and Biden won't do it.

[emailking]

He can't. But it was Bannon's excuse so maybe he testifies now.

[GeorgiaModerate]

A theory floating around on legal Twitter is that Trump may be under investigation for obstruction of justice, that Trump knows it, and his letter waiving the (non-existent) privilege might be an attempt to demonstrate that he's not standing in the way of an investigation.

[Progressive Pessimist]

A theory floating around on legal Twitter is that Trump may be under investigation for obstruction of justice, that Trump knows it, and his letter waiving the (non-existent) privilege might be an attempt to demonstrate that he's not standing in the way of an investigation.

Trump isn't that smart, unless someone concocted that plan for him.

[GeorgiaModerate]

https://twitter.com/January6thCmte/status/1546279370985275392

[Koharu]

It also sounds like Bannon wants to testify during one of the live hearings, rather than give a deposition. I absolutely would not put it past him to want to be able to say random stuff (even under oath) to try to discredit the hearings.

"Mr. Bannon is willing to, and indeed prefers, to testify at your public hearing."  https://www.documentcloud.org/documents/22082944-rjcostello-letter-to-chairman-thompson-07092022

[GeorgiaModerate]

It also sounds like Bannon wants to testify during one of the live hearings, rather than give a deposition. I absolutely would not put it past him to want to be able to say random stuff (even under oath) to try to discredit the hearings.

"Mr. Bannon is willing to, and indeed prefers, to testify at your public hearing."  https://www.documentcloud.org/documents/22082944-rjcostello-letter-to-chairman-thompson-07092022

I believe the committee is smarter than to give Bannon that kind of opportunity.

[emailking]

No way he gets to testify publicly until he's submitted to a transcribed & taped interview.

[Koharu]

It also sounds like Bannon wants to testify during one of the live hearings, rather than give a deposition. I absolutely would not put it past him to want to be able to say random stuff (even under oath) to try to discredit the hearings.

"Mr. Bannon is willing to, and indeed prefers, to testify at your public hearing."  https://www.documentcloud.org/documents/22082944-rjcostello-letter-to-chairman-thompson-07092022

I believe the committee is smarter than to give Bannon that kind of opportunity.

Agreed. Just reflecting on what his motivations might be.

[Torie]

In case you were wondering, Meadows's witness tampering is what caused the Committee to rush Cassidy Hutchinson's public testimony.

https://www.nytimes.com/2022/07/10/us/politics/cassidy-hutchinson-jan-6-testimony.html

[Inmate Trump]

Why would innocent people need to deal in witness tampering and intimidation?

[GeorgiaModerate]

https://twitter.com/haleytalbotnbc/status/1546527839457083392

I'm guessing this is because of the short turnaround time from tomorrow's hearing amid reports that a ton of new evidence has come in lately.

[GeorgiaModerate]

Bannon's pretrial motions were denied by a Trump-appointed judge.  His trial for criminal contempt of Congress starts Monday, barring last-minute delays.

A federal judge ruled Monday that Steve Bannon cannot tell members of a jury he defied a congressional subpoena under orders from former President Donald Trump.

U.S. District Judge Carl Nichols, a Trump appointee, granted government motions to block Bannon from relying on entrapment by estoppel and public authority defenses that would have seen him argue he failed to appear for a deposition before the January 6th Committee because he was following orders from the former president. Bannon served for a time as Trump's 2016 campaign manager and as a senior adviser in the White House, but had been gone from the administration for three years before Jan. 6, 2021.

https://www.wusa9.com/article/news/national/capitol-riots/steve-bannon-cant-tell-a-jury-trump-instructed-him-to-defy-subpoena-judge-rules-january-6-quash-no-defense-contempt-congress/65-f1158043-e29f-4c13-966f-81fd189b5c3c

For more details, see the long Twitter thread that ends here:

https://twitter.com/kyledcheney/status/1546561587250712578

[emailking]

Crap Thursday was a good night for me because I'm on a movie forum instead of watching movies.

[emailking]

Yeah Bannon has no defense. His best hope is a Trumper on the jury (like a 30% chance) or testify now and hope he gets a lighter sentence.

[GeneralMacArthur]

Bannon's pretrial motions were denied by a Trump-appointed judge.  His trial for criminal contempt of Congress starts Monday, barring last-minute delays.

A federal judge ruled Monday that Steve Bannon cannot tell members of a jury he defied a congressional subpoena under orders from former President Donald Trump.

U.S. District Judge Carl Nichols, a Trump appointee, granted government motions to block Bannon from relying on entrapment by estoppel and public authority defenses that would have seen him argue he failed to appear for a deposition before the January 6th Committee because he was following orders from the former president. Bannon served for a time as Trump's 2016 campaign manager and as a senior adviser in the White House, but had been gone from the administration for three years before Jan. 6, 2021.

https://www.wusa9.com/article/news/national/capitol-riots/steve-bannon-cant-tell-a-jury-trump-instructed-him-to-defy-subpoena-judge-rules-january-6-quash-no-defense-contempt-congress/65-f1158043-e29f-4c13-966f-81fd189b5c3c

For more details, see the long Twitter thread that ends here:

https://twitter.com/kyledcheney/status/1546561587250712578

Yet people will still run around claiming that Biden is doing nothing about Trump's anti-democratic coup, that Garland is weak and impotent and unable to meet the moment, and that nobody will suffer any consequences for this.

Nothing matters.  Nothing the administration does counts.  They're about to completely annihilate Steve Bannon but nobody will care.

[GeorgiaModerate]

A Fulton County judge has ordered U.S. Sen. Lindsey Graham to testify in front of a special grand jury looking into possible election tampering by former President Donald Trump in the November 2020 election.

Fulton County Superior Court Judge Robert McBurney ruled Monday that Graham will be required to testify on Aug. 2 after Graham said he would fight a subpoena to testify, citing executive privilege.

https://www.wsbtv.com/news/local/atlanta/sen-lindsey-graham-ordered-testify-front-special-grand-jury-trump-election-probe/CWFIZ4EZLFBY3L3MEMJPA6TVL4/

[Inmate Trump]

A Fulton County judge has ordered U.S. Sen. Lindsey Graham to testify in front of a special grand jury looking into possible election tampering by former President Donald Trump in the November 2020 election.

Fulton County Superior Court Judge Robert McBurney ruled Monday that Graham will be required to testify on Aug. 2 after Graham said he would fight a subpoena to testify, citing executive privilege.

https://www.wsbtv.com/news/local/atlanta/sen-lindsey-graham-ordered-testify-front-special-grand-jury-trump-election-probe/CWFIZ4EZLFBY3L3MEMJPA6TVL4/

Good.

But what happens when Lindsey just doesn't show?

[GeorgiaModerate]

A Fulton County judge has ordered U.S. Sen. Lindsey Graham to testify in front of a special grand jury looking into possible election tampering by former President Donald Trump in the November 2020 election.

Fulton County Superior Court Judge Robert McBurney ruled Monday that Graham will be required to testify on Aug. 2 after Graham said he would fight a subpoena to testify, citing executive privilege.

https://www.wsbtv.com/news/local/atlanta/sen-lindsey-graham-ordered-testify-front-special-grand-jury-trump-election-probe/CWFIZ4EZLFBY3L3MEMJPA6TVL4/

Good.

But what happens when Lindsey just doesn't show?

Presumably he would be found in contempt of court, for which the judge can impose a fine up to $1000 and/or imprisonment up to 20 days.

[Badger]

A Fulton County judge has ordered U.S. Sen. Lindsey Graham to testify in front of a special grand jury looking into possible election tampering by former President Donald Trump in the November 2020 election.

Fulton County Superior Court Judge Robert McBurney ruled Monday that Graham will be required to testify on Aug. 2 after Graham said he would fight a subpoena to testify, citing executive privilege.

https://www.wsbtv.com/news/local/atlanta/sen-lindsey-graham-ordered-testify-front-special-grand-jury-trump-election-probe/CWFIZ4EZLFBY3L3MEMJPA6TVL4/

Good.

But what happens when Lindsey just doesn't show?

Presumably he would be found in contempt of court, for which the judge can impose a fine up to $1000 and/or imprisonment up to 20 days.

Lindsay would not do well in general pop.

[GeorgiaModerate]

https://twitter.com/mkraju/status/1546878553421144065

[Absentee Voting Ghost of Ruin]

https://twitter.com/mkraju/status/1546878553421144065

Likely Trump/GOP response: "How dare they spy on the President's treason!"

[GeorgiaModerate]

https://twitter.com/RadioFreeTom/status/1546920198103597059

[GeorgiaModerate]

Cheney: after the last hearing, Donald Trump attempted to call a witness (who has not yet appeared).  The witness didn't answer but informed their lawyer, who informed the committee.  And they've informed the DOJ.