Thread by @JFHaughey58

Day #5 of the #BannonTrial is set to begin shortly in the E. Barrett Perryman US District Courthouse in Washington, D.C. Prosecutors and defense make final arguments and the case then goes to the jury. That's the plan. #BannonTrial

Thursday's proceedings concluded with Judge Carl Nichols recessing to chambers to craft final jury instructions and ponder the defense's motion to dismiss the case. He will not rule on the motion until after the verdict. #BannonTrial

In response to Nichols' final jury instructions, which were emailed to all parties last night, Bannon's attorneys have filed a 10-page notice of objection. #BannonTrial storage.courtlistener.com/recap/gov.usco…

Defense objects to exclusion two proposed instructions. “They reflect the defense theory of the case, based on the narrow defense permitted to the defendant, they reflect accurate propositions of the law and the application of the relevant factual circumstances ..." #BannonTrial

"... and the defense theory is not reflected anywhere in the final instructions the court has advised that it intends to give," the objection filed Thursday night by Bannon's attorneys states. #BannonTrial

In addition to objecting to Nichols' decision not to include those two items in final jury instructions, Bannon's attorneys want two instructions either removed or amended. #BannonTrial

Cited in the notice of objection is Instruction 13, which Bannon's attorneys write "doesn't adequately reflect for the jury the role of the presumption of innocence" in their deliberations. #BannonTrial

They suggest the instruction should include: "The defendant is presumed innocent as a matter of law at all times unless or until the government proves him guilty beyond a reasonable doubt." #BannonTrial

#Bannon objects to Instruction 24. "Elements of offense must use language in statute 'willfully makes default' and not a colloquial alternative. The instruction usurps jury's role by transforming “willfully makes default" into "willfully not providing testimony and information…”

So, although Nichols said Thursday that once he emailed his jury instructions to all parties, that would be that -- final, set-in-stone, done, finito, move on -- there is likely to be more back-and-forth about the wording of the instructions before proceedings begin. #BannonTrial

Both sets of attorneys are at their tables. Nichols has yet to appear. The jury is back in some room where they spent the entire day Thursday. They were in the courtroom just long enough to be dismissed for the day. #BannonTrial

Nichols arrives at 9:13. Says he has made "modest edits" within the last half hour to the instructions, particularly Instruction 24. This is the "final final" jury instruction and that is that, says bring in the jury ..." #BannonTrial

But wait. Prosecutor Amanda Vaughn has questions about the phrasing of "on or about" in the instructions and Nichols agrees and now the defense wants a few moments to review this "on or about" matter. #BannonTrial

Defense attorney David Schoen objects to indictment reading "on" in Count 1 and "on or about" Count 2 -- #Bannon is charged with two contempt-of-Congress charges. All agree the instructions will be amended to include "on or about." Bring in the jury! #BannonTrial

Nichols reading instructions to jury. My favorite jury instruction is always Instruction 1: "Refer to the instructions." #BannonTrial

Few expected the #BannonTrial to last five days. Tell-tale indications of that is the mix-and-match recycled outfits being worn by the fly-in folks in the media room. I saw that shirt on Tuesday! Nichols on Instruction 12 ... #BannonTrial

Nichols has read all 26 jury instructions. Instruction 25 is interesting: Legal advice from an attorney is not a defense against contempt-of-Congress. Prosecutor Molly Gaston begins government's closing arguments at 9:47. #BannonTrial

Gaston wraps up prosecution's closing in 28 minutes. “This case is not complicated but it is important. This is a simple case about a man – that man, Steve Bannon," she said, nodding to the defendant, "who didn’t show up.” #BannonTrial

Defense attorney Evan Corcoran's closing already paused twice for sidebars. Corcoran raising technical issues with subpoena process, apparently claiming J6 Committee Chair Rep. Bennie Thompson's signature on Sept. 23, 2021 subpoena is forged. #BannonTrial

Corcoran concludes defense closing at 11:03 and there is a pause until 11:15. The closing argument was interrupted by several objections -- at least two sustained -- and two sidebars. #BannonTrial

At one point near the end, Corcoran was saying "Right now, the government is controlled by one party …" Objection sustained. "That's ... okay," Corcoran said, and continued on. #BannonTrial

Prosecutor Amanda Vaughn wraps up rebuttal at 11:34. Nichols tells jury to unhear Concoran's comments on alleged subpoena rules violations, inconsistent signatures "as a defense" in the case. #BannonTrial

The jury is excused to deliberate at 11:37 and Nichols adjourns court. Now we wait. A full roll of closing arguments and rebuttal to follow shortly. #BannonTrial

In her 28-minute closing argument, Gaston said it was a simple case of Bannon refusing to comply with a Sept. 23, 2021 subpoena to provide documents to the J6 committee by Oct. 7, 2021, and appear for a deposition on Oct. 14, 2021. #BannonTrial

Gaston: “Why didn’t he show up? He didn’t want to provide the Jan. 6 committee with documents, didn’t want to recognize the government’s authority. Why is this important? Government only works if people show up, play by the rules and are held accountable when they don't.” #Bannon

Gaston: “Jan. 6 2021 was a dark day in our history” that attacked “a prized and treasured feature of our democracy, the peaceful transfer of power and the handing over of government from one president to another.” #BannonTrial

Gaston: Congress vowed to “make sure that never, never happens again” and “created a select committee to investigate the Jan. 6 attack on the nation’s capitol.” The committee issued subpoenas to require witnesses to give sworn answers. #BannonTrial

Gaston: “That is where the defendant comes in. The committee had reason to believe (#Bannon) might have information leading up to, and on, Jan. 6.” The panel “sought information about ... efforts the defendant was said to be engaged in to block the peaceful transfer of power.”

Of particular interest to the committee, Gaston said, were meetings in the Willard Hotel and a statement he made on Jan. 5 on his #WarRoom podcast that, “All hell is going to break loose tomorrow." #BannonTrial

J6 panel issued a subpoena on Sept. 23, 2021. “This document is not hard to understand. It tells him what he is supposed to do and when he is supposed to do it. But the defendant did not want to comply and produce documents and appear — so he didn’t,” Gaston said. #BannonTrial

Gaston: Bannon failed to meet Oct. 7 deadline. “Was that a mistake? No. That was intentional.” The next day, he claimed on Gettr he was defying subpoea to “‘Stand with Trump,’” she said. “He was celebrating his defiance.” #BannonTrial

Gaston said on Oct. 7, Bannon's attorney Robert Costello in a letter claimed "a privilege completely exempted him from the subpoena," Gaston said. "The committee wrote back on Oct. 8, the next day. His privilege claims were denied." #BannonTrial

Gaston: "The letter reminded him of his ongoing obligation to provide documents and attend the upcoming (Oct. 14) deposition" and advised him of "the consequences if he continued to defy the subpoena," that “willful noncompliance” could result in contempt charges. #BannonTrial

Gaston: #Bannon “knew about this. He was on notice about this. He was fully engaged throughout the entire process.” The day before his “required” Oct. 14 appearance, Costello “wrote back, again refused to comply” telling panel “go to court or coordinate with the former president.

Gaston: “The defendant was not in a position to issue an ultimatum to the committee … He ignored Congress’ lawful order that he appear. The defendant refused to show up.” #BannonTrial

Bannon’s attorneys argue “there is no evidence that he ignored the subpoena. That is technically true,” Gaston said, because every step of the way he made conscious, decisions to defy Congress. #BannonTrial

The committee told #Bannon he had already broken the law" and that his "willful refusal" was "a violation of federal law," she said. He was warned if he continued to refuse, the committee would consider recommending Congress cite him for contempt. #BannonTrial

Gaston: "Oct. 18 came and went" and Costello sent another letter the next day "referencing the same privilege claims (that had been rejected), trying to stall." #BannonTrial

Gaston dismissed defense claim there were negotiations between Costello and J6 committee counsel Kristen Amerling. There is no evidence of negotiations. You saw no such thing” in any exhibits. “You saw yourself the defendants’ attorney’s letters ... We won’t comply." #BannonTrial

She went through the three October 2021 exchanges between Costello and the committee. "It was 'won’t comply' on Oct. 7, 'won’t comply' on Oct. 13. On Oct. 18, it was, ‘Can we have more time to tell you we won’t comply?’ That is not negotiation. That is a crime." #BannonTrial

Gaston: "That is contempt of Congress and that is what the defendant is charged with – one for failing to produce documents, one for failing to appear." #BannonTrial

Gaston went through the four "elements" of Bannon's alleged contempt, the fourth being "willful." She said: "Willful is a choice to do or not to do something. The reason why does not matter." #BannonTrial

Gaston: "As long as the defendant knew that he had been commanded by the subpoena to provide documents and testimony and chose not to, his excuse that he thought he had a reason not to comply does not matter.” #BannonTrial

Gaston: “That may seem strict. It is strict for a reason, because in order for the government to function, citizens need to follow its rules and recognize its authority. It is how we all live together in society.”#BannonTrial

For instance, she said, "If people just ignored parking tickets, we wouldn’t be able to get anywhere" and there would be chaos and carnage on the roads. #BannonTrial

Gaston: "That is contempt. Contempt is a crime. There is no accident there. The defendant chose allegiance to Donald #Trump over compliance with the law." #BannonTrial

"It is not a mistake or an accident to default on a subpoena because you don't take it seriously or you believe compliance is optional," she said. "You don’t ignore those by mistake. This was no accident." #BannonTrial

Gaston scoffed at defense claims that there was uncertainty about the deadline dates. "Dates in black and white were not hard deadlines? Don’t believe that," she said. #BannonTrial

Gaston: "We are here because the defendant had contempt for Congress. The name of the crime tells you all you need to know: Contempt. He thought it was beneath him and chose to defy the committee. He did not show up." #BannonTrial

Gaston ridiculed claims the panel targeted #Bannon for political reasons. “The only person making this case about politics is the defendant. Don’t let him," she said. "There is nothing political about finding out why Jan. 6 happened and making sure it never, never happns again."

The alleged crime is not "a small, technical violation," she said. "That could not be further from the truth. Your decision to fulfull your civic duty (by seving in a jury), is an act of service to your country that is foundational to the rule of law." #BannonTrial

Gaston finished by referring to comments made by Corcoran in his opening statements that "we are all in it together" in making democracy work. #BannonTrial

Gaston: “We are all participants in a shared democracy but the defendant does not agree. He has contempt for our form of government. The defendant chose defiance. Find him guilty." #BannonTrial

Court proceedings in the #BannonTrial concluded at 11:37 with the jury now deliberating. Once they reach a verdict, Nichols is expected to issue his ruling on the defense's motion to dismiss. And so, we all wait.

Verdict is in. No one knows what it is yet. Will be a while before the jury is brought in and we learn what the deal is. #BannonTrial

In his 47-minute closing, defense attorney Evan Corcoran said, "None of us will soon forget Jan 6 … but there is no evidence Steve Bannon was involved in it at all." But that is not what the case is about. “Put Jan. 6 out of your thoughts. (The case) ia about a subpoena."

Corcoran: "Steve Bannon is innocent of the crimes he is charged with. The evidence shows he is innocent." He went into technical aspects of the subpoena and Amerling's testimony. #BannonTrial

Corcoran: The idea that on his #WarRoom show the day before he said “All hell is going to break loose” is meaningless when considering many in the media “predicted the same thing.” He said: "What Mr. Bannon and his attorney Mr. Costello made was a mistake, it was not a crime."

"I know you are going to find that the government failed to make its case beyond a reasonable doubt," he said, citing an "example that should give you pause" when … Amerling did not follow "a rule that governs the use of subperonas." #BannonTrial

Corcoran said Bannon was never provided with "Section B" when he received the subpoena. Paragraph 11 states “a witness shall not be required to testify without being provided Section 3B. (Bannon) was not provided that." #BannonTrial

Prosecutors objected, Nichols overruled but cautioned Corcoran to "tie this to an issue.” Corcoran continued:“You must give Steve Bannon the benefit of the doubt." More objections ensued. There was a 4-minute sidebar. #BannonTrial

Corcoran: To be valid, subpoena must be signed. He showed Oct. 7 letter from Thompson to Costello. Then showed Sept. 23 subpoena. "The signature is not the same. One ... is different than the other. That is doubt. There is reasonable doubt whether Chairman Thompson signed” it.

Corcoran continued, "and if you’re wondering if the signature is legit …”
eliciting more objections and inducing 3-minute sidebar. Afterwards, he told the jury ... "You are the sole judge of the credibility of witness. What are the key things to consider?" #BannonTrial

Corcoran: “Consider whether a witness has an interest in the outcome and a friendship with anybody connected with the case. Does Ms. Amerling have an interest in the outcome? Of course she does. She has been doing committee work for Democrats in Congress for 20 years." #Bannon

Court is back in session at 2:46 pm. Verdict on both counts: GUILTY #BannonTrial

Bannon will be sentenced Oct. 21. Parties are asked to get recommendations to Nichols by Oct. 14. Bannon ordered to report to probation today. #BannonTrial

There is confusion regarding the motion to dismiss, which Nichols said he would rule on after the jury reaches its verdict. He never mentioned it. None of the attorneys asked, so there must be some understanding that he would not make a decision today. #BannonTrial

Not sure what happened. Returned from #Bannon impromptu press conference and nothing would load up in the media room. Hmmm. The perils of live-tweeting. But @epochtimes is bigger than one man. theepochtimes.com/steve-bannon-f…

Bannon and his attorneys emerged from the courthouse about 3:15 where a gaggle of media and onlookers awaited. Bannon thanked the jurors and said, "I respect their decision" based on the restrictions on his defense imposed by the court. #BannonTrial

Bannon: “We may have lost this battle here today but we didn’t lose the war.” Pointed to prosecution’s closing that he chose to stand with President Trump rather than comply. As true today as it was then, he said. “I stand with President Trump and the Constitution, always will.”

Defense attorney David Schoen said the verdicts will be challenged in "a bullet-proof appeal" that, among other issues, will focus on the interpretation of "willful" that jurors had to use while deliberating. #BannonTrial

Schoen said the ruling could have significant ramifications for those accused of crimes "without knowing or believing they did anything wrong" and relying on attorney's counsel to defend themselves. #BannonTrial

Schoen: "They won the case in closing today and lost the appeal in closing today." #BannonTrial

Schoen: "Shame on" the J6 committee, prosectors, and the Department of Justice for pursuing a contrived case that violates a fundamental component of the Constitution's separation of powers. #BannonTrial

The issue of executive privilege under the Constitution is a matter for the judiciary to decide, not the executive or legislative branches to deliberate on for obvious reasons of self-interest. #BannonTrial

Schoen: Privilege is "not for Congress to decide." And when a president, former or sitting, makes an executive privilege claim, it is "presumptive" and can only be diluted by the court. "It is not for Congress to decide," he repeated. #BannonTrial

Schoen mocked prosecutor Amanda Vaughn's claim that asking the court's to rule on Trump's privilege claim in the matter was like soccer referees having to a baseball diamond and asking umpires to make a ruling in a different game, a different sport. #BannonTrial

Schoen said the only "willful" actions Bannon took since being subpoenaed on Sept. 23, 2021 was "he listened to his lawyer." #BannonTrial

As Bannon began to make his way to a waiting car, he said the "one disappointment" he had during the proceeding was "the gutless members of that show committee didn't have the guts to show up" at the trial or to testify. #BannonTrial

So, presumably #Bannon stopped by the DC Probation Office on the 4th floor while coming down from Nichol's 6th floor courtroom. He is free until Oct. 21 at 3 p.m. for sentencing. Each count is punishable by a fine of up to $1,000 and a maximum of 12 months in prison. #BannonTrial

Unsure what conditions of Bannon's probation are but, violation of probation (VOP) is USA's #1 crime. Easy to run afoul inadvertently and, as this ruling illustrates, not knowing you are committing a crime doesn't exonerate you from being "willfully noncompliant." #BannonTrial

In a statement, U.S. Attorney Matthew Graves said, "Mr. Bannon had an obligation to appear before the House Select Committee to give testimony and provide documents. His refusal to do so was deliberate and now a jury has found that he must pay the consequences." #BannonTrial

Next up: Former Trump aide Peter Navarro, is scheduled to go to trial on Nov. 17 on contempt charges. Navarro has pleaded not guilty. #BannonTrial

Next up for me in a few weeks: Headed to #Wyoming for the state's Aug. 17 Republican primary between Rep. Liz Cheney and Trump-endorsed Harriet Hageman. There's some indication Liz-vs-Harriet is going to be a hot one. Just an inkling. Going out on a limb. #LizVsHarriet

Feel free to send along invites to campaign events or other activities that you'd like to see the @epochtimes cover. Also checking in on #Kansas Aug. 2 primary and 'no right to abortion' ballot measure, #Colorado and #Nevada general elections. #LizVsHarriet

What I meant to say was headed to #Wyoming for Aug. 16 primary and, of course, #GOPOKES.