Judge Nichols Sentences Steve Bannon To Four Months in Federal Prison And $6,500 Fine
Judge Nichols sentenced former Trump adviser Steve Bannon to four months in federal prison and a $6,500 fine. Nichols releases Bannon and finds he shouldn’t serve his sentence before his appeal is resolved.
Assistant U.S. Attorney J.P. Cooney told Judge Nichols that Steve Bannon should pay a fine of $200,000 because of his “contempt for the criminal justice system, his contempt for law, and his contempt for Congress.”
“I read that as an invitation to the court to impose the maximum fine,” Cooney said Bannon’s own sentencing memo that said he was willing to pay any fine and he refused to cooperate with the probation office. Bannon “is not above the law,” Cooney said.
Bannon’s lawyer, David Schoen, said: “Quite frankly, Mr. Bannon should make no apology. No American should make an apology for the way Mr. Bannon proceeded in this case. There is nothing here to deter. There is nothing here to punish.
“Mr. Bannon stands for the Constitution,” he said.
Judge Nichols said:
“The government further argues that Mr. Bannon has not expressed remorse and has attacked the select committee at every turn. On this point I agree with the government.
“He has expressed no remorse for his actions.”
“I believe the statute is clear on that point.”
According to CNN:
The government wants him to serve six months in prison: The Justice Department told the judge in court filings that Bannon should serve six months in prison for his crimes, with prosecutors emphasizing the “bad faith” they say Bannon showed in how he approached both the subpoena and the prosecution that was brought against him
Such a sentence would be on the upper end of the one to six months sentencing range contemplated by the guidelines the US Probation Office put forward.
The DOJ sentencing memo attacked the arguments Bannon put forward that he was merely listening to the advice of his attorneys in not complying, as the prosecutors highlighted the fiery remarks he made publicly about the case.
Bannon is asking for probation, or at most home confinement: Bannon is requesting that the judge sentence him to probation.
In doing so, his filings with the court have not stressed his remorse but rather argued how unfair it would be for him to be jailed. Bannon teed up suggestions that the prosecution had partisan motivations, while claiming that the case law that shaped his trial was “outdated” and that he was only listening to the advice of his lawyers in not complying with the subpoenas.
Bannon could be hit with a $200,000 fine: Bannon’s offense also comes with a maximum fine of $200,000 – $100,000 per count.
According to the DOJ’s filings, Bannon has already conceded to paying that maximum penalty because he refused to share with the probation office details about his finances.
Nichols finds general deterrence (sentencing being a message to the public) is more important than specific deterrence (a message to Bannon) here.
— Adam Klasfeld (@KlasfeldReports) October 21, 2022
"Respect for Congress is of course an important piece of our Constitutional system."
Nichols:
— Adam Klasfeld (@KlasfeldReports) October 21, 2022
"As I stated earlier, Mr. Bannon has not taken responsibility for his actions."