Judge rules Bannon cannot argue he was relying on legal advice in defying Jan. 6 subpoena

A federal judge on Wednesday ruled that Stephen Bannon cannot argue that he was relying on his lawyer’s advice in defying a congressional subpoena when the former Trump adviser goes to trial on contempt charges this summer.

In a four-page decision, U.S. District Judge Carl Nichols rejected Bannon’s argument that he should be allowed to raise the legal defense despite court precedent that holds that it is invalid in the context of criminal contempt of Congress charges.

The ruling is a blow to Bannon’s legal defense, as his lawyers had been hoping to argue at trial that he was relying on their good-faith advice when he defied the subpoena from the House Jan. 6 select committee.

Bannon was indicted in November on the misdemeanor contempt charges after Congress issued a criminal referral to the Justice Department in response to his stonewalling.

Congress later voted to hold former White House chief of staff Mark Meadows in contempt over his own defiance of a select committee subpoena. But Democrats have grown increasingly frustrated, as federal prosecutors have yet to bring charges nearly four months after the House issued its criminal referral.

On Wednesday, the select committee is set to vote on whether to refer two more former Trump aides — Dan Scavino and Peter Navarro — to the full House for a contempt vote.

The ruling by Nichols, a Trump appointee, could make it harder for the select committee’s targets to justify defiance of congressional subpoenas if the Justice Department continues to bring charges on the House referrals.

An attorney for Bannon did not immediately respond when asked for comment.

Bannon’s trial is set to begin on July 18.