A lawyer for Steve Bannon is asking a court for permission to withdraw from a criminal contempt case, citing concerns over whether he could be called as a witness.
Attorney Robert Costello filed a motion in the U.S. District Court for the District of Columbia noting that the court has not yet determined if he could be called as a witness and “reluctantly” tendered his withdrawal request. The trial in the case is slated to begin July 18.
STEVE BANNON REQUESTS TRIAL DELAY DUE TO JAN. 6 HEARINGS
“I have been co-counsel to Mr. Bannon throughout these proceedings as well as in connection with all interactions with the Select Committee,” he wrote. “Since it appears there will be a trial, and since it appears that at this point in time I might be called as a witness, I must reluctantly ask the Court to grant my request.”
Bannon is facing two contempt of Congress charges for failing to comply with a subpoena from the House Jan. 6 committee last year. Costello has suggested that he could help Bannon’s case if he were to appear as a witness.
As his lawyer at the time, Costello was privy to Bannon’s interactions with the panel. He indicated that he wants to be called as a witness to defend Bannon, but the court has not given a clear answer about whether that would be permitted.
“If the Court decides to prevent me from testifying, there will be no pathway to inform the Jury about the communications with the Select Committee or the three prosecutors in this case, who interfered with Mr. Bannon’s attorney-client relationship by attempting to turn me into a witness against my client by surreptitiously subpoenaing my home, office direct line, and cellphone records,” he continued.
One argument Bannon sought to use for his defense is that he defied the subpoena because he was acting on “advice of counsel,” but a judge shot down that argument in April.
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Each contempt charge can carry between 30 days and a year in prison, as well as up to a $100,000 fine if convicted. Bannon has pleaded not guilty to the charges against him and has insisted former President Donald Trump’s executive privilege claim barred him from complying with the subpoena. Prosecutors have disputed this, pointing out that he was not a member of the Trump administration at the time of the Capitol riot, the time frame on which the committee is focused.
Last month, Bannon requested his trial be delayed until October due to the possibility of the Jan. 6 committee’s public hearings influencing jurors in the case. So far, that request has not been granted. Judge Carl Nichols is overseeing the case.
