Defense Rests in Bannon Trial Without Calling a Single Witness

The defense rested Thursday morning in the trial of Stephen K. Bannon without calling a single witness to rebut charges that he committed contempt of Congress by defying the January 6 Committee, contending prosecutors failed to prove their case.

Though some observers were disappointed that Bannon, a former Trump campaign CEO, White House aide, and executive chairman of Breitbart News, did not testify in his own defense, the defense argued that it did not need to put on a case at all.

Instead, the defense made a motion for acquittal, arguing that the prosecution had failed to prove the elements of its case against Bannon. The defense believes prosecutors had not established that Bannon willfully intended to defy the committee.

Defendants are not required to present their own case, nor to testify. Judge Carl Nichols reserved judgment on the defense motion; he could unilaterally determine that the prosecution had not met its burden such that a reasonable jury could convict.

In their cross-examination of the prosecution’s two witnesses Wednesday, and in prior evidentiary motions, the defense noted that the committee had continued to correspond with Bannon after its supposed deadline, indicating ongoing negotiations. It also pointed to potential conflicts of interest, noting that the first witness had professional and political ties to the prosecution.

Earlier this week, defense attorney David Schoen — who also represented former President Donald Trump in his second impeachment trial — told Breitbart News that even if Bannon is convicted, he is likely to win on appeal on legal grounds.

The judge made several rulings barring the defense from challenging the legal validity of the subpoena that Bannon was issued, or arguing that the committee was unconstitutional or violating the terms of its own enabling House resolution.

Closing arguments will be heard Thursday afternoon, and the jury is expected to begin deliberations shortly thereafter.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the recent e-book, Neither Free nor Fair: The 2020 U.S. Presidential Election. His recent book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.