Thread by @joshgerstein

COURT RESUMING at Bannon trial: This morning we learned Bannon won't testify and defense doesn't plan to put on any case. Judge now hearing defense presentation about why they needed Jan. 6 panel chairman Bennie Thompson or other members as witnesses

Judge Nichols again reminds that he threw out Bannon's main potential defenses because he thought they are precluded. Nichols: 'I was bound by D.C. Circuit precedent that I’m not even sure is right.'

Schoen now trying to explain why Bannon needed Thompson and perhaps other #J6 committee members and the 1 panel staffer witness (Chief Counsel Kristen Amerling) wasn't sufficient

Judge is pointing out whatever Thompson thought, Bannon didn't know so it couldn't have affected his thoughts on the subpoena. Nichols: 'The letter is the letter. What does Mr. Thompson's testimony tell us about Mr. Bannon's mens rea?'

Schoen is arguing that Bannon should be able to question Thompson about motivations for subpoenaing Bannon and even on overall structure of committee. Seems doubtful judge will decide to second guess committee or that jury should've been able to do so

Legal question now is whether denying access to House members incl. Thompson & Pelosi so undermined Bannon's defense as to deny him fair trial and Confrontation Clause rights

Prosecutor Vaughn up now, says most of what defense is asking for is 'irrelevant.' 'The through line of everything Mr. Schoen said that they wanted is relay just trying to get at the personal motives of members.'

Her rebuttal to Schoen is very brief. Only 5 minutes. Vaughn: 'Mr. Schoen talked for a long time.' We're done with arguments. He will rule later. We're moving on to jury instructions. We just learned 1 juror was excused for health reasons.

Now discussing logistics and whether closings can happen today. Corcoran wants to do in morning. Vaughn looks forlorn

Schoen reads statement explaining why Bannon isn't testifying. 'He has very much wanted to do so since the day he was indicted...' But says rulings precluding defenses undercut reason to do so. Defendant Bannon speaks briefly agreeing he decided not to. Bannon: 'Yes, your honor.'

Vaughn proposes cautioning jury not to watch House J6 hearing tonight, but judge isn't going to explcitly do that. Jury going to be brought in and then sent home to hear closings in morning.

Jury being led in at 2:31 PM. 1st time they've been in court today.

Defense just rested w/o calling witnesses, as advertised earlier politi.co/3OktjcV

Judge warning jury again not to talk to others about case. Not watch TV media etc about case 'and related matters.'... 'I want to thank you very much for your patience today.....Sometimes those discussions are helpful in ways that will improve the case as it goes to you tomorrow'