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originally posted by: carewemust
originally posted by: Boadicea
a reply to: carewemust
Not even one was arrested!
Not even the White House party crashers...
Steve Bannon defiantly told Joe Biden, Merrick Garland, and Nancy Pelosi that his arrest will be the "misdemeanor from hell" when it comes back to bite them.
I think everyone knows exactly what he's talking about.
Continued at: thegreggjarrett.com...
Even U.S. district court judge Carl Nichols recognizes that Bannon’s contempt conviction is likely to get tossed out, which is why he took the extraordinary step of issuing a stay of sentence pending appeal.
When Bannon was subpoenaed by the J-6 Committee, Trump’s lawyer sent him a letter stating that the president invoked executive privilege and therefore directed him not to testify. Trump holds the privilege, not Bannon. Under law, Bannon cannot waive it or violate it. So, on advice of his own counsel, Bannon declined to testify. It was the correct advice.
But at trial, Judge Nichols applied the wrong standard on “willful” defiance of a subpoena. He relied on an outdated 61-year-old DC circuit court case (Licavoli v. U.S., 1961) that was based on a Supreme Court decision that was later repudiated by the high court and overturned. The correct standard, as the Supreme Court has since enunciated, is that prosecutors must show that the defendant knew his actions were unlawful.