Today at noon, Stephen K. Bannon will surrender himself to the Danbury Federal Prison in Connecticut to serve four months for the “misdemeanor” of defying an illegal Congressional subpoena.

There is no doubt he is being held as a political prisoner to keep him from participating in Trump’s presidential campaign. Bannon will be the first person incarcerated for defying a congressional subpoena in more than half a century under a statute that is rarely prosecuted.

For those unfamiliar with Bannon’s crime…

Stephen K. Bannon was an advisor/confidant of President Donald J. Trump, who was titled “Chief Strategist and Counselor to the President.”

The illegally constituted “The United States House Select Committee to Investigate the January 6th Attack on the United States Capitol” summoned Bannon to appear before the Committee with requested documents to give testimony about his conversations with Donald Trump relating to January 6 and other matters.

Bannon consulted legal counsel, who then requested President Trump to waive “executive privilege” regarding the documents and testimony, which Trump refused to do.

Again, following legal counsel, Bannon requested the Court’s guidance.

Bannon refused on substantive legal grounds. The Committee recommended that Bannon be found in contempt of Congress, and the House of Representatives adopted that recommendation by a vote of 229-202. The following Republicans voted to punish Bannon, although the Democrats had a clear majority.

Rep. Liz Cheney of Wyoming (January 6 committee member); Rep. Adam Kinzinger of Illinois (January 6 committee member); Rep. Brian Fitzpatrick of Pennsylvania; Rep. Anthony Gonzalez of Ohio; Rep. Jaime Herrera Beutler of Washington; Rep. John Katko of New York; Rep. Nancy Mace of South Carolina; Rep. Peter Meijer of Michigan; and Rep. Fred Upton of Michigan. Of course, House Speaker Nancy Pelosi hand-selected Cheney and Kinzinger on the Committee – and named Cheney Vice Chair to avoid the requirement of a ranking member to sign off on any subpoena.

The DOJ decided to prosecute Bannon for a misdemeanor, even though previous scofflaws, like Obama’s former Attorney General Eric Holder, were not prosecuted.

Two Charges Filed for Failing to Honor House Subpoena From Select Committee Investigating Jan. 6 Capitol Breach

Stephen K. Bannon was indicted today by a federal grand jury on two counts of contempt of Congress stemming from his failure to comply with a subpoena issued by the House Select Committee investigating the Jan. 6 breach of the U.S. Capitol.

Bannon, 67, is charged with one contempt count involving his refusal to appear for a deposition and another involving his refusal to produce documents, despite a subpoena from the House Select Committee to Investigate the January 6 Attack on the U.S. Capitol. An arraignment date has not yet been set in the U.S. District Court for the District of Columbia. <Source: DOJ>

In Court proceedings, Bannon was found guilty by the trial court and sentenced to four months in prison and a $6,500 fine. The judge said he would stay the penalty pending Bannon’s expected appeal.

Upon an appeal to a higher Court, a three-judge panel denied the appeal.

Bannon’s attorney requested an en banc hearing before the full appellate Court.

U.S. District Judge Carl J. Nichols ordered Bannon to be jailed, ruling, “I don’t believe that the original basis for my stay of Mr. Bannon’s sentence exists any longer. I no longer consider that his appeal raises substantial questions of law likely to reverse his conviction.”

In a last-ditch effort to remain free while he challenges his conviction on charges of defying a subpoena from the House committee, the feckless Chief Justice John G. Roberts Jr. denied Bannon’s request in a single sentence: “The application for release pending appeal presented to the Chief Justice and by him referred to the Court is denied.”

At issue…

The legitimacy of the January 6 Committee and its authority to issue a subpoena.

The limits of executive privilege, including whether another President can waive it.

Judicial error or misconduct since Judge Nichols ruled that Bannon could not argue at trial that he relied on his lawyer’s advice or believed Trump’s claim of executive privilege barred his cooperation.

Punitive prosecution of a defendant who has followed the advice of counsel and sought the Court’s guidance.

Selective prosecution for interfering with a presidential election.

Bottom line…

Bannon is a hard-ass and will not be side-lined, but he will likely prevail in his appeal if the Court and Jury follow the law.

We are so screwed, and instead of praying for Bannon, we are redoubling our effort to get out the vote for a decisive Trump victory in 2024.

-- Steve