Steve Bannon was indicted for contempt of Congress following his flat refusal to comply with a Jan. 6 Committee subpoena and on Monday, he surrendered himself to the FBI. After a quick initial appearance, where he faces criminal charges for his defiance, Bannon is now slated for arraignment later this week.
Bannon, a longtime stalwart of former President Donald Trump, was formally charged last week with two counts of contempt of Congress and on Monday afternoon, he appeared before Magistrate Judge Robin Meriweather at the U.S. District Court for the District of Columbia.
The hearing was short lived and largely administrative with Judge Meriweather scheduling Bannon’s formal arraignment before Judge Carl Nichols, a Trump appointee, for Nov. 18 at 11 a.m. It will be a remote hearing.
During the hearing, Bannon was mostly quiet and perfunctory, agreeing to answer questions from the court truthfully. He also agreed to a series of recommendations from pretrial services: He must check in weekly by phone and notify the court of any expected travel beyond the district.
Authorities have already taken his passport.
If Bannon violates the terms of his pretrial release—which was on his own personal recognizance—he could face a warrant for his arrest and if he fails to appear for any upcoming hearing, that could also lead to his arrest, Judge Meriweather warned.
Bannon’s release could also be revoked altogether if he violates the terms, a maneuver that would trigger a violation of the Bail Reform Act. He could also be subjected to an additional sentence.
After his hearing, Bannon appeared with his defense attorney David Schoen for a press conference just outside of the courthouse. Schoen maintained that the charges against Bannon were “outrageous” and that the “principles of equal justice under law” were “selectively used” against Bannon by Attorney General Merrick Garland.
“I’m telling you right now, this is going to be the misdemeanor from hell for Merrick Garland, Nancy Pelosi and Joe Biden,” Bannon said, wagging his finger at a crush of cameras surrounding him.
“We’re tired of playing defense. We’re going to go on the offense with this. Standby,” Bannon added.
The initial subpoena from the Jan. 6 committee demanded that the former, short-lived strategist to Trump turn over any records in his possession central to the planning and financing of the “Stop the Steal” rally in Washington on Jan. 6.
It requested documents connected to Bannon’s presence inside of Trump’s “war room” at the Willard Hotel on Jan. 5; his correspondence with other key Trump associates like John Eastman, Jenna Ellis, Rudy Giuliani, Sidney Powell and Michael Flynn; and his communications with extremist groups like the Proud Boys and the Oath Keepers, among others.
As Bannon flouted the subpoena, he insisted executive privilege shielded him from scrutiny. But, as legislators pointed out in a report issued before the House of Representatives voted to hold him in contempt, Bannon had no “conceivable assertion” to executive privilege since he was a private citizen during his interactions with Trump, the records of which are currently sought by the committee.
Schoen insisted repeatedly Monday after the hearing that executive privilege still applies to Bannon.
“Every progressive and liberal in this country that likes freedom of speech should be fighting for this case. That’s why I’m here today. I’m never going to back down, they took down the wrong guys,” Bannon added.
In remarks addressing listeners to his podcast and being livestreamed to the right-wing social media platform Gettr just before he surrendered in Washington, Bannon proclaimed: “Everybody watching in the War Room, we’re here today. I don’t want anybody to take their eye off the ball today. We got the Hispanics coming on our side, African Americans coming on our side, we’re taking down the Biden regime … I want you guys to stay focused, stay on message. Remember, signal, not noise. This is all noise, that’s signal.”
The contempt charges against Bannon are misdemeanor charges and are punishable by up to one year in jail. They also come with a maximum fine of $100,000.
Bannon’s attorney, David Schoen, is one of several attorneys who previously represented Trump during his second impeachment trial before Congress. In addition to Schoen, Bannon has also tapped Evan Corcoran, a former U.S. assistant attorney presently representing U.S. Capitol Police Officer Michael Riley, who was indicted last month on two felony charges.
Riley allegedly sent messages on Facebook warning a person who was inside the Capitol on Jan. 6 to take down social media posts, photos, and video that could incriminate himself.