Thread by @JFHaughey58

Day 3 of the #BannonTrial is set to begin Wednesday at the E. Perryman Bartlett US District Courthouse in Washington, DC, with House Select Committee to Investigate the January 6th Attack Chief Counsel Kristin Amerling on the stand.

Former #Trump adviser and #WarRoom podcaster Steve #Bannon is being tried on two counts of contempt-of-Congress for not providing documents to the committee as demanded in a subpoena by Oct. 7, 2021, and appearing to be deposed by Oct. 14, 2021. #BannonTrial

Much of the proceedings thus far have focused on jury selection, which took a day-and-a-half, and on how letters between Amerling and former Bannon attorney Robert Costello should be weighed as evidence. #BannonTrial

The prosecution wanted an Oct. 8 letter and the Oct. 19 contempt referral entered as evidence. Bannon’s attorneys initially objected to because it references executive privilege claims that Trump-appointed Judge Carl Nichols had ruled inadmissible as a defense. #BannonTrial

However, the defense ultimately agreed to have the letters entered in their entirety — without reductions — because it “opened the door" to using Bannon’s understanding of privilege in the context of negotiations with the committee as a defense. #BannonTrial

After Amerling finishes testifying before prosecutor Amanda Vaughn, how Bannon’s attorneys approach cross-examination could determine the course of the trial. Bannon lawyer David Schoen Tuesday argued Amerling is “not competent” to speak on behalf of the committee. #BannonTrial

Schoen wants House Jan. 6 Committee Chair Rep. Bennie Thompson (D-Miss) to be called, not Amerling, because she was not the one who made any of the decisions in what the committee did and did not do. Thompson on Tuesday announced he had Covid-19. #BannonTrial

"If the witnesses' testimony … opens to those issues, that makes this relevant, I’m open" to privilege arguments, Nichols said. "When she’s (Amerling) done, we can take up to what extent these letters can be” heard in that regard. #BannonTrial

And so, this trial could go to the jury today or it could through the week, maybe even into next week. No one knows. Hotel and flight plans all in the air for most of the media covering the #BannonTrial

Proceedings begin with a 22-minute debate between Vaughn and defense attorney Amanda Vaughn before Nichols about #Bannon and his attorneys attempting the turn the trial into a “political circus.” #BannonTrial

Vaughn: "When Ms Amerling is testifying, there should not be one questiuon about the political motivations of Rep. Thompson … there shouldn’t be one question whether the House of Representatives is a politically motivated" entity. #BannonTrial

Nichols to Vaughn: You agree that Mr. Bannon can attempt to show that a particular witness is biased. The question is, what is fair game for a particular witness?" #BannonTrial

Nichols to defense attorney Evan Corcoran: "Don’t you agree that (cross-examination of witnesses) could be limited to the bias of a particular witness? Whether the witness is biased?" BannonTrial

Corcoran: "Our cross examination (of Amerling) will depend on the testimony of the witness (before Vaughn). In terms of bias, we are certainly allowed to ask her anything … that would bear on her culpability" while "adjudicating the credibility of the witnesses." #BannonTrial

Corcoran: Under "6th Amendment right to confrontation ... cross-examination can get at actions taken by anyone being presented through this witness," including Rep. Thompson. "We need to have the ability to do that. We can do that without crossing the line of fair examination."

Nichols: "Are you saying you should be allowed to ask the witness about the bias of anyone on the committee?
Corcoran: "Did the chairman do X because of this issue? Certainly … this witness can get at, did she know the motivations of Thompson? It is totally fair game.”

Nichols: Defense “may ask questions if the witness was biased but may not ask if anyone else was biased in actions they took outside this courthouse. (Defense)… can ask if (Amerling's) actions cross the line -- and I will police that line." #BannonTrial

Vaughn: "Because some members of Congress didn’t want this prosecuted is not evidence that a crime didn’t happen." She was referring to the 203 GOP US Reps who voted against the resolution to cite Bannon with contempt. #BannonTrial

Amerling takes the stand under questioning by Vaughn. Her responses to what sound like rather mundane queries regarding procedural, administrative subpoena process are being closely monitored by the defense. #BannonTrial

Once Vaughn completes her direct examination of Amerling, the defense will begin its cross-examination. But first: Vaughn wants to require it to submit questions to Nichols before allowing them to be asked before the jury. Uncertain if Nichols agreed to that. #BannonTrial

Court in recess until 10:55 pm with Amerling on the stand being examined by Vaughn and telling the tale of the traveling Sept. 23, 2021 subpoena. Who got it. Who signed it. Defense sifting for cracks in these bricks. #BannonTrial

Amerling: Bannon through attorney Robert Costello was claiming “executive privilege belongs to President Trump” in the matter. “You must accept this … we are unable to respond to (request for) documents and testimony” under Trump’s claim of executive privilege. #BannonTrial

Amerling: Bannon was exerting privilege related to the request for information in the subpoena. “This was not a valid rationale for refusing to comply.” In the Oct. 8 letter, Thompson told Bannon “the committee rejected the basis for his refusal to comply.” #BannonTrial.

Court has recessed until 1:15. In cross-examination, Corcoran asked Amerling if she signed service for the Sept. 23 subpeona before it was served to Bannon's attorneys, which she acknowledged doing. #BannonTrial

Corcoran also queried Amerling about subpeona regulations and rules adopted for the 117th Congress, specifically about "Section 3B." #BannonTrial

Corcoran said Section 3B outlines the “deposition authority for the 117th Congress” and must be provided along with any subpoena issued by Congress. “Now, you never provided Section 3B” in the Sept. 23 subpoena to Bannon. #BannonTrial

That question induced the third sidebar between Nichols and attorneys since Corcoran began his cross-examination of Amerling at 11:26 a.m. #BannonTrial

Corcoran began his cross-examination with "who was in the room" questions when the subpoena was drafted, and signed and who made what decisions regarding content and deadlines. #BannonTrial

Corcoran: "This is a human process so I want to know what human being made that decision that Steve #Bannon should appear before the committee on Oct. 14 for a deposition?"#BannonTrial

Corcoran: "Do you know who decided that Steve #Bannon should appear? Do you have first-hand knowledge of who the person is who decided that Steve Bannon should appear Oct 7, 2021, to produce documents?” #BannonTrial

Amerling maintains staff, including her, draft the letters, make the recommendations, but "the ultimate decision, and what is reflected in the subpoena, is determined by the chair of the committee," who is Rep. Bennie Thompson (D-Miss). #BannonTrial

Corcoran asked Amerling if there was "any outside deadline hay the committee faced? Was there any kind of a deadline that was happening in the world that required” action by Oct. 7, 2021? #BannonTrial

Amerling said the committee's authorization expires at the end of this year so there is urgency to act. "As with the other subpoenas issued by the committee, the interest of the committee is obtaining information as expeditiously as possible." #BannonTrial

Corcoran asked how many people has the committee solicited for documents, interviewed, and deposed. More than 1,000 "individuals have cooperated with the select committee's requests for information," Amerling said. #BannonTrial

Corcoran: "Ballpark, how many (subpoenas) were you involved in?"
Amerling: “Many dozens.
#BannonTrial

Corcoran notes on the third page of the 10-page subpoena served #Bannon on Sept. 23, 2021, outlines two reasons the committee wanted to depose him. One was communications with Trump, he said. #BannonTrial

Corcoran Amerling if "the source of that interest (in communications with Trump) the book, ‘#Peril?'" (Bob Woodward's third book on the Trump administration)
Amerling said 'Peril" was "one of the sources." #BannonTrial

Corcoran said "the potential for violence" on Jan. 6 was widely reported in the media but the subpoena specifically requested Bannon detail his Jan. 5 #WarRoom podcast. "Is the source a CNN article?" he asked. Amerling: "Yes, it would appear so." #BannonTrial

Waiting for court to resume and taking time to say this is a live event. With that comes the "perils of live tweeting," so misspellings, typos, mistakes, and random interviews without doing instant background checks on stray clowns at the #circus are all on me. #BannonTrial

Court paused for yet another sidebar between Nichols and attorneys. Corcoran asked Amerling about serving on the same committee staff years ago with prosecutor Molly Gaston and being a member of the same book club as Gaston. #BannonTrial

Most of the book club members worked for Rep. Henry Waxman (D-Calif.), who served in the House from 1975 to 2015, "at different points in their careers," Amerling said. #BannonTrial

Corcoran: “Do you read non-fiction in your book club?” (such as Woodward’s #Peril or other books on #Trump) The club “generally reads fiction,” Amerling said, noting she has not participated in more than a year. “I don't even know what they're reading now.” #BannonTrial

Corcoran asks: “One more question about the book club. Do you ever discuss the political topics of the day?” Objection overruled. Amerling: “Given the careers of the folks involved in the book club, it is not unusual that we talk about politics one way or another.” #BannonTrial

Court in recess at 3:47 with Amerling off the stand and one more witness to appear. Defense has successfully added July 9 letters from former President Trump giving #Bannon "permission" to testify and Costello's letter to committee offering to comply into evidence. #BannonTrial

FBI Agent Stephen Hart is on the stand and being examined by prosecutor Molly Hart. Hart investigates government corruption. He said he viewed Bannon's Gettr account. One (or more) of Bannon's Gettr posts are evidence in the case. #BannonTrial

The mention of Gettr -- microblogging site targeted to conservatives founded by former Trump aide Jason Miller -- draws immediate defense objection. "Not yet," Nichols says. #BannonTrial

Hart says he viewed a Sept, 24, 2021 post by Bannon on his verified Gettr account and gets no further before Nichols calls a sidebar. #BannonTrial

Court is adjourned with Hart done and the prosecution resting its case. Nichols, citing a scheduling conflict, will convene court at 11 am Thursday after meeting with attorneys at 10:30 am to discuss several matters, including a defense motion for acquittal. #BannonTrial

Gaston and Corcoran both asked Hart about several posts on his Gettr. The same posts were entered as prosecution and defense exhibits. #BannonTrial

Gaston was entering the posts, including one linking to an Oct. 8, 2021 Daily Mail, 'Steve Bannon tells the Jan 6 select committee he will not comply with their subpoena,' to "add to the timeline" of Bannon's defiance of the committee. #BannonTrial

Corcoran was entering that post, and one in Rolling Stone online dated Sept. 24, 2021, 'Bannon subpoena just the beginning,' to show both had the same photo and were just links to news articles. #BannonTrial

Corcoran: "You are not going to suggest to the jury that these are his words on his Gettr account?" Hart said he didn't know if they were Bannon's words or posted by "someone who works for him." #BannonTrial

On redirect, Gaston directed Hart to the second page or the article where Bannon is quoted, in his own words, "I stand with Trump and the Constitution ..." #BannonTrial

Hart's testimony was repeatedly interrupted by objections and sidebars. He was asked about a Nov. 3, 2021 video conference in which Costello spoke with U.S. attorneys about Bannon's privilege claims and requests for delays in meeting the committee's deadlines. #BannonTrial

Corcoran: "It was a proffer meeting, correct? At those meetings the defense lawyer tries to explain the reasons why prosecutors should not bring a case (against a client) In those cases, do you consider them an FBI interview?" That drew objections and a sidebar. #BannonTriala

Upon resumption of the cross-examination, Corcoran rephrased his question: "Have you participated in similar meetings" with other defense attorneys. "Yes," Hart said. #BannonTrial

Corcoran said Hart also interviewed Amerling. "Was it your goal to learn more about facts that bear on whether a crime was committed? Did you impress on her the importance of beihg truthful?" Nichols upheld Gaston's objection: "Improper attempt at impeachment, sustained." #Bannon

Corcoran continued: "Did you learn in that interview that Ms. Amerling has known the prosecutor (Gaston) for 15 years?" No, Hart said. Corcoran asked if he interviewed "other potential witnesses?” Hart said no. #BannonTrial

Corcoran: “Did you interview the 200-plus members of Congress who voted against the resolution” citing Bannon for contempt of Congress? Objections flew and Nichols sustained them, telling the jury to forget what they just heard. #BannonTrial

AND SO, it is that time again. Time to get out, Out, OUT of the courthouse. @epochtimes will be back Thursday at 10:30 am to hear the defense motion to acquit -- if it is not in Nichol's chambers -- and, most likely, the resumption of proceedings at 11 am. #BannonTrial