DOJ seeks 6 months in prison, $200K fine for Steven Bannon over contempt conviction

[LetMyPeopleVote]

Source: ABC

The Justice Department is asking a federal judge to sentence Steve Bannon, adviser to former President Donald Trump, to six months in prison and make him pay a $200,000 fine for his conviction on two counts of criminal contempt of Congress, according to a new court filing.

"From the moment that the Defendant, Stephen K. Bannon, accepted service of a subpoena from the House Select Committee to Investigate the January 6th Attack on the United States Capitol, he has pursued a bad-faith strategy of defiance and contempt," prosecutors said Monday. "The Committee sought documents and testimony from the Defendant relevant to a matter of national importance: the circumstances that led to a violent attack on the Capitol and disruption of the peaceful transfer of power. In response, the Defendant flouted the Committee's authority and ignored the subpoena's demands."

it continued, "For his sustained, bad-faith contempt of Congress, the Defendant should be sentenced to six months' imprisonment—the top end of the Sentencing Guidelines' range—and fined $200,000—based on his insistence on paying the maximum fine rather than cooperate with the Probation Office's routine pre-sentencing financial investigation."

Bannon was found guilty in July of defying a subpoena from the House select committee investigating the Jan. 6 attack on the U.S. Capitol.

Read more: https://abcnews.go.com/Politics/doj-seeks-months-prison-200k-fine-steven-bannon/story?id=91620316&cid=social_twitter_abcn

[Lonestarblue]

1. I hope the judge agrees.

Contempt of our legal system deserves significant punishment. I wish it could be more for this scumbag.

[Walleye]

2. Does he go to jail? Go directly to jail? Do not pass go

[FBaggins]

4. Not for some time

We'll have to wait for the appeal process to play itself out

[bluestarone]

8. Would this make it all the way to SC?

If so does the SC have options to, like change it to $10,000 and 1 month in prison? Or is the SC's only option to drop this charge completely?

[FBaggins]

9. It could

That doesn't mean that they'll take it - but there is a constitutional question involved.

As for the specifics? No. SCOTUS doesn't change sentences/fines apart from overturning them. They could theoretically say that a given fine was unconstitutionally high (though I can't see how in this case), but that would take the form of sending the case back to the lower courts to come up with a new sentence. They wouldn't create one themselves.

[ancianita]

13. There is no appeal process. The conviction is "appeal bulletproof." He'll be sentenced Oct 21.

https://www.justice.gov/usao-dc/pr/stephen-k-bannon-found-guilty-jury-two-counts-contempt-congress

Bannon is to be sentenced on Oct. 21, 2022. Each count of contempt of Congress carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of $100 to $100,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

[rsdsharp]

15. There's an appeal process. He will probably lose, but he can appeal.

b) Appeal in a Criminal Case.

(1) Time for Filing a Notice of Appeal.

(A) In a criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of:

(i) the entry of either the judgment or the order being appealed; or

(ii) the filing of the government's notice of appeal.

(B) When the government is entitled to appeal, its notice of appeal must be filed in the district court within 30 days after the later of:

(i) the entry of the judgment or order being appealed; or

(ii) the filing of a notice of appeal by any defendant.

(2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision, sentence, or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry.

Fed R App Pro 4.

[ancianita]

21. According to this process, has he filed appeal within 14 days?

[rsdsharp]

25. Sentence will be imposed later this week.

A notice of appeal filed after the court announces a decision, sentence, or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry.

So if he files a notice of appeal after the sentence is announced it will be treated as filed on the date of and after entry of judgment.

[ancianita]

27. Right.

So if he files a notice of appeal after the sentence is announced it will be treated as filed on the date of and after entry of judgment.

Okay, cool.

[FBaggins]

16. What gave you that idea?

What federal criminal court decision is beyond appeal?

FYI - Bannon's team (in their sentencing recommendation) asked that the sentencing automatically be stayed pending the appeal they've already notified the court is coming.

In his own sentencing memorandum, Bannon asked that he be sentenced to a period of probation and stay any sentence pending appeal of his conviction.
https://abcnews.go.com/Politics/doj-seeks-months-prison-200k-fine-steve-bannon/story?id=91620316

BTW - The "appeal bulletproof" statement was actually Bannon's attorney claiming that his case for appeal was bulletproof. It wasn't that the conviction could not be appealed.

[bluestarone]

17. Please another couple of questions here.

IF appealed, who decides if he goes to jail during the appeal process? Could this judge say like JAIL during the appeal process, based on the chance he'll win is low? ( i hope so) TYVM for you're answers here.

[FBaggins]

18. He wouldn't go to jail/prison during the appeal process

Not for a misdemeanor conviction with such a short sentence.

Doing so would effectively moot the right to appeal because the sentence would have been served before a normal appeal would even be heard.

[ancianita]

20. True, his attorney said 'bulletproof appeal.' Do you have a link that he's appealed?

If he's going to appeal it will have to be before Friday.

[FBaggins]

22. He doesn't have to appeal by Friday

Again, I'm not sure what gave you that idea. He has 14 days after sentencing.

Of course - convicted defendants often want to wait to see if their punishment is large enough to warrant an appeal. If the sentence is for 30 days of home confinement and is suspended... I'm not sure he would feel the need to appeal. If someone just gets a fine that is a tiny fraction of their net worth (and more than the cost of an appeal), the same thing could happen.

But he's already told the court that he intends to.

[ancianita]

23. Okay, fine. I've read that he's told the court that he'll appeal, so let him. After a jury decision

he's entitled to appeals, and he can refile if his appeal is dismissed, but the jury system is held high in the justice system, and its decision will probably be upheld as final. He's already had a request for a new trial turned down.

I'll still err on the side of a dismissal of his appeal, since everyone's so sure he'll file.

[FBaggins]

24. Appeals don't have anything to do with the jury

Appeal courts can't change a jury's ruling from guilty to not guilty.

They review judges' rulings or whether the case was properly filed in the first place. But it has nothing to do with respect for the jury.

[ancianita]

26. Fine. I stand corrected. I'll still err on the side of the appeal being dismissed.

Bannon can appeal the dismissal all the way to SCOTUS, and the conviction will still stand.

Stalling is obviously his strategy, that and his finally being cooperative the with Jan 6 Comte. days before he was to face a jury trial.

[rsdsharp]

28. The only way an appeal as a matter-of-right would be "dismissed" would be on procedural grounds,

such as if it were untimely. He may lose his appeal, but the Second Circuit would hear it.

[ancianita]

29. Yes. I get procedural grounds re appeals.

How it's suddenly 'untimely' after his year's delay seems weird. And yes, the Second Circuit would probably hear it.

He's still got nothing. He's been a public scofflaw, which should not work in his favor.

[rsdsharp]

31. I didn't say it was untimely. I said a procedural issue is the only way it would be dismissed.

If he appeals with 14 days of entry of judgment, it will be timely. He has no control over when the District Court enters judgment.

You seem to have confused an appeal being dismissed (not being heard) with losing on the merits. If he satisfies the procedural requirements, the Second Circuit wouldn’t “probably” hear the appeal; they have no choice. He can appeal as a matter-of-right. He may well lose, but it must be heard.

[ancianita]

30. Will he be able to stay out of jail for the duration of his appeals, even after sentencing?

Even if he is, he's probably just postponing the inevitable.

[rsdsharp]

32. Yes, he will stay out of jail pending appeal (assuming he's sentenced to jail).

It does him no good to appeal if he’s already served his sentence before the appeal can be decided. It would render the right to appeal moot.

[ancianita]

33. Thanks.

[bucolic_frolic]

3. Maybe TDFG will issue him a fake pardon with his fake executive privilege as fake president

I mean there's always hope for manufacturing some privilege out of hot air, right?

[LetMyPeopleVote]

5. Lock this asshole up

Link to tweet

[speak easy]

34. +!

[Evolve Dammit]

6. This is small change compared to conspiracy and sedition which he engages in daily. n/t

Nonetheless, max sentence please.

[turbinetree]

7. I truly believe that when he gets sentenced that this will be a turning point on how people vote

either you are for the rule of law or you are not......

[LetMyPeopleVote]

10. This makes me smile

Link to tweet

[bluestarone]

11. Yep 6 months. THEN

Subpoena his ass AGAIN, when released! Get ready for 2024!

[usaf-vet]

12. Really? Six months in jail and $200,000 would deter me. BUT that is a ruler across the knuckles.....

..... for Bannon.

Six months of showers and clean single-layer jumpsuits will be a change.

But $200,000 is equivalent to the price of buying pizza for everyday Americans. Especially because some dark money fund will pay the $200,000, and he will fundraise that much or more before and after his jail time.

This is sad; that is all we can do to punish someone, who tried to overthrow our democracy.

We are in dip sh*t if that is the case.

[EndlessWire]

19. Based on what newly jailed perps say

Jail for even 30 days is highly unpleasant. We've seen people's lawyers complain that the conditions are deplorable. I've worked in a prison and I can tell you, they are ceaselessly noisy, stifling, and pretty much unbearable. It takes some time to get used to those conditions, and until you are conditioned, you are miserable.

So yeah, 30-60 days is nothing, and $200,000 is nothing to this millionaire, but if that's what we can get, there you go. It's too bad that he will be out for Midterms on appeal.

[Grins]

14. $200,000? Question: Will he write a personal check and laugh...

...or will the contemptible wads of shit who follow him pay it for him?

How is this a deterrence to others? Bannon will wear this like a combat medal.