Thread by @JFHaughey58

Day 4 of the #BannonTrial kicks off Thursday at the E. Perryman Bartlett US District Courthouse in Washington, D.C., with a 10:30 am hearing on a defense motion to have both contempt-of-Congress charges against the former Trump-adviser dismissed. #BannonTrial

theepochtimes.com/prosecution-wi…

#Bannon attorney Evan Corcoran notified US District Judge Carl Nichols Wednesday that the defense would file a motion to dismiss and Nichol’s scheduled a 10:30 am hearing before deliberations in the trial are scheduled to proceed at 11 am. #BannonTrial

Prosecutors Wednesday rested after calling two witnesses, House Jan. 6 Committee Counsel Kristin Amerling and FBI Agent Stephen Hart. Both reiterated the timeline they say prove Bannon “willfully and intentionally” ignored a subpoena demanding documents and a deposition. #Bannon

Corcoran in cross-examination noted several technical errors in the subpoena process, relationships between DOJ attorneys and witnesses — prosecutor Molly Gaston and Amerling are in the same book club — implied the actions against Bannon were politically motivated. #BannonTrial

Should Nichols dismiss the motion to dismiss — which most expect — it is uncertain what the defense will do as it begins its case. There is speculation that Bob Costello, Bannon’s former attorney, will be called to the stand. #BannonTrial

It is uncertain is if #Bannon himself will take the stand. The #WarRoom podcaster has been holding court outside the courthouse, but whether he will testify in court is a wildcard. If not, it would be like a circus without its elephant. #BannonTrial

Defense attorney David Schoen has just told Nichols that the defense does not plan to make a case "before the jury" and "Mr. Bannon won't be testifying." Uncertain what happens now. Several motions before3 Nichols. #BannonTrial

Nichol's calling for recess to 1 pm to consider motion for acquittal and a "rule 29 motion" to dismiss based on Nichol's quashing of a subpoena demanding House Jan. 6 Committee Chair Rep. Bennie Thompson (D-Miss.) be called to testify. #BannonTrial

At 1 pm, Nichols will issue his decision regarding the motion for acquittal and Schoen will make his "rule 29 motion" case. No more evidence is to be presented to the jury. If case proceeds -- all expect it to -- closing arguments and jury instructions to follow. #BannonTrial

Actually, Nichols won't rule on motion for acquittal until after jury reaches a decision. He will, at 1 pm, hear Schoen's "rule 29 motion" for dismissal. That type of motion is when defense maintains it was denied access to witnesses, testimony in making its case. #BannonTrial

Court in the #BannonTrial is set to resume at 1 pm after an hour-long discussion this morning about motions to acquit and dismiss by the defense before Nichols. #BannonTrial

Corcoran: "The government has rested its case and they have not presented evidence that a reasonable person would find that Mr. Bannon is guilty of the charges beyond a reasonable doubt." He laid out four arguments in the motion. #BannonTrial

Corcoran: Amerling was “equivocal” in responses to a simple question. “What human being drafted this subpoena? What human being came up with the dates, Oct. 7 and Oct 14? And she couldn’t answer.” #BannonTrial

Corcoran: Prosecutors didn't show Bannon failed to comply. “It all hinges on Ms. Amerling's testimony. It was clear ... dates were in flux. (Amerling) … was unable to identify why those dates were in the subpoena and who put those dates in the subpoena." #BannonTrial

Corcoran said the prosecution essentially has "a one-witness case," ignoring FBI agent Stephen Hart's testimony to exclusively focus on what Amerling said and didn't say on the stand Wednesday. #BannonTrial

Corcoran: ‘Under the 6th Amendment, a defendant has a right to confront witnesses against him. The defense only had access to the one witness, Ms. Amerling. We were not provided with access to a number iof key witnesses who would have provided exculpatory evidence." #BannonTrial

Corcoran: Jan. 6 Committee Chair Thompson "is the sole person authorized to sign the subpoena. Without him, the subpoena is invalid. Yet, Ms. Amerling was unsure if he signed it or not.” So, he said, there is a question about whether the subpoena was valid. #BannonTrial

Corcoran: “We asked at every step who wrote the letter on behalf of the select committee. She could not answer” other than to say staff members. “We asked her to identify one word that Chairman Thompson wrote. She couldn't answer. She couldn’t point to one word.” #BannonTrial

Corcoran: “If (Thompson) was here, we would have presented evidence to the jury that he was not the author of those letters so they were not, in fact, an official position of the select committee." #BannonTrial

Prosecutors have failed to show Bannon's were “wilfull.”
Corcoran said "trhere is no evidence that bears on the intent" of Mr. Bannon in not meeting subpoena deadlines “was a wilful default. I don’t think the default has been defined."#BannonTrial

Prosecutor Amanda Vaughn dismissed acquittal be restating it was a simple case. "There was a subpoena. There is evidence it was sent to the defendant’s lawyer and the lawyer sent it to the defendant" and that he refused to comply. #BannonTrial

Vaughn: Asking who made these decisions is "irrelevant" because “the committee acts as a body. The body of the committee subpeoned the defendant. #BannonTrial

Vaughn: "The dates are on the subpoena. He violated them. The evidence is clear that the defendant did not provide documents on Oct. 7, did not show up on Oct. 14."#Bannon also posted on Gettr, “I will not comply.” #BannonTrial

And so we wait for court to resume. It's a hot day in DC with wool-blanket humidity, quite swarmy in #TheSwamp. Will the case go to the jury this afternoon? Maybe. Then again, maybe not. #BannonTrial

Court convenes at 1:06. Schoen to make his "Rule 29 motion" regarding the quashed subpoena to call Jan. 6 Committee Chair Rep. Bennie Thompson as a witness. "We have been stymied" in presenting a defense. #BannonTrial

Lengthy discussion about what instructions will be issued to jury. Prosecutors want no mention of executive privilege, defense objects. Nichols to ponder in chambers during recess. #BannonTrial

Prosecution says its closing would be no more than 30 minutes with 15-20 minute rebuttal. Defense wants to make its closing argument Friday morning. #BannonTrial

Nichols says he may take a while in recess before deciding on motion, jury instructions. Defense says it needs instructions for closing argument. Nichols says "that is not going to happen today," that closing arguments will ensue immediately after jury gets instructions. #Bannon

And so, the jury will be dismissed for the day and court is in recess. Nichols is in chambers, deliberating. He may, or may not, return "on the record" this afternoon to issue his motion ruling but will email jury instructions to attorneys later. #BannonTrial

That's the plan, anyway. Nichols and attorneys still milling about the courtroom waiting for the jury -- which has been staring at walls in some room someplace all day -- to be called in and dismissed. #BannonTrial

A procedural measure. Nichols tells Corcoran the prosecution has made its case, and now it's the defense's turn. "The defense rests," he says, and that is that. Nichols tells jury they are dismissed and will return Friday for closing arguments. #BannonTrial

Now, court is in recess. Now, Nichols is in chambers deliberating on motion to dismiss, jury instructions. Would seem if he granted one, wouldn't have to do the other. Uncertain if he'll be back "on the record" today. #BannonTrial

In making a case for the "Rule 29 motion" to dismiss -- which Nichols is pondering but unlikely to grant -- Schoen argued the prosecution unfairly painted Bannon's actions as "inexplicable intransigence." #BannonTrial

Schoen: Amerling's testimony was that Bannon “simply ignored the subpoena, was above the law, refused to comply for no appropriate reason. He certainly did not ignore the subpeona." #BannonTrial

Schoen: Claim he ignored subpoena "is belied by the letters.” Costello wrote he'd “been advised executive privilege has been evoked. You are bound by executive privilege, your hands are tied, you are caught in a fight between the former president and this committee.” #BannonTrial

Schoen: Costello tells committee Bannon is looking to comply. These are the options – work with Trump, go to court. Committee aware of process but opts not to pursue. "That process was readily open to them. If they were right about privilege," he would have complied. #BannonTrial

Schoen: Why panel did what it did is among reasons defense "would want to examine committee members about the accommodation process and why they went that route. Why did they choose to go criminal? Why did the committee think Bannon’s testimony was so important?" #BannonTrial

Nichols asked if there are nine members on J6 committee, why only subpoena Chair Bennie Thompson. "I do believe we are entitled to have the whole committee here, quite frankly," Schoen said, "but Thompson is the leader of the committee" and "would suffice." #BannonTrial

Schoen: If Bannon’s testimony is so important, why not give him a week that he requested? The committee’s work is ongoing, they are still” calling witnesses and deposing people. “What harm would it have been to give Mr. Bannon an extension?" #BannonTrial

One reason why, Schoen later said, is because the committee was having a televised vote on Oct. 19. The committee may have been willing to accept the requested delay but for “posturing," he said. #BannonTrial

Schoen said compliance dates were different in the indictments and in correspondence between Costello and Amerling, who cannot speak to why the committee made its decisions. Asking Thompson about that should be "part of the equation." #BannonTrial

Nichols has just issued a notice that he will not rule on the motions until after a verdict is reached. So, there won't be any return to the courtroom Thursday. We will, however, continue this thread on today's deliberations. #BannonTrial

You must wear masks at the E. Bartlett Perryman US District Courthouse (where lighters are not allowed and, thus. stashed in landscaping outside) so I just got "Entrance of the Month" Award after they found a second mask in my pocket left over from the #SussmanTrial.

But back to Schoen's arguments in his Rule 29 motion to dismiss. He said there have been "public statements by members of the committee that are prejudicial" to #Bannon and they should explain them before a jury. #BannonTrial

Schoen said two members of the J6 panel, Rep. Jamie Raskin (D-Md) and Rep. Adam Schiff (D-Calif) have written books about the events of Jan. 6. "They have a financial interest” in the proceedings and in prosecuting #Bannon, he said. #BannonTrial

Schoen: If they really wanted to get Bannon’s testimony, “why didn’t they consider the options he offered?” There was no attempt to pursue civil enforcement proceedings or to test their dismissal of Bannon's privilege claim in court. #BannonTrial

Schoen: “Courts are the ultimate arbiters" but only reason #Bannon received was "this committee rejects your privilege claim. The courts would have said this is a separation of powers claim. It's not for Chairman Thompson or the committee to reject those arguments arbitrarily."

Schoen: Amerling referred to Bannon’s “misconduct," that he "had no intention of complying and that was the misconduct. We want to establish Mr. Thompson knew the whole time Mr. #Bannon was acting on advice of counsel, not acting in some inexplicable intransigence." #BannonTrial

Schoen: #Bannon was “not allowed to explain his story of the case. We need a member of the committee to do that. We wanted to develop through Chairman Thompson whether the committee considered either of the options.” #BannonTrial

Prosecutor Amanda Vaughn briefly rebutted Schoen's extensive argument, which often bounced back to previous points before careening onto others. Defense has not cited "some kind of misconduct" and has "no non-speculative basis” to examine committee members, she said. #BannonTrial

Vaughn: "Nothing they ask for goes to elements in this case." Motion is "really just trying to get at personal motives of members. Questioning Mr. Thompson about why he didn’t go to the courts or to Mr. Trump is irrelevant" to charge he did not comply with subpoena. #BannonTrial

Vaughn: There is no valid debate over the dates, which were "communicated to the defendant through those letters. There is no evidence that there were any other dates out there." #BannonTrial

So there it is, Day 4 of the #BannonTrial where the jury made a brief appearance only to be dismissed and Nichols is pondering a motion to dismiss and jury instructions that will be emailed to all parties tonight. #BannonTrial

Day 5 of the #BannonTrial will begin 9 am Friday undoubtedly with discussion over that motion ruling and those jury instructions before both sides make their closing argument and the case goes to the jury. @epochtimes will bring all that to you.