Will Judge Carl Nichols sentence Steve Bannon to jail for resisting a subpoena from the J6 Committee?

Stephen Bannon

By Robert Willmann

Something has made me uneasy about U.S. District Judge Carl Nichols, who is presiding over the misdemeanor criminal case against Steve Bannon for failing to appear after receiving a subpoena issued by the Congressional committee that is supposed to be investigating what happened on 6 January 2020 at the Capitol [1]. In my opinion, the language Nichols has used in memorandum orders he has issued in Bannon’s case and in lawsuits in his court in which voting machine companies have sued persons for defamation may reveal a mindset and temperament that is not as judicious as people might expect.

The sentencing hearing in Bannon’s case is underway, having started at 9:00 a.m. eastern time today, 21 October. Even though the offense is a misdemeanor, arguments have been made that probation as a sentence is not allowed for that particular charge. I think the text of the law that applies permits probation [2].

The case against Bannon is a political prosecution. The way the so-called J6 Committee was created, its membership, the lack of a minority counsel, the issues in the event it has ignored, its failure to disclose all videotapes from 5 and 6 January in and around the Capitol, and so forth, point to it as being dangerous itself, instead of an objective attempt at analyzing what happened.

Although the appropriate sentence at this point in the case is probation and not jail time, we will see what happens this morning.

[1] http://www.dcd.uscourts.gov/content/district-judge-carl-j-nichols

[2] Title 18, U.S. Code, sections 3561-3566. Probation.

http://uscode.house.gov/view.xhtml?path=/prelim@title18/part2/chapter227/subchapterB&edition=prelim

Title 2, U.S. Code, section 192. Refusal of witness to appear or produce papers.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section192&num=0&edition=prelim

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17 Responses to Will Judge Carl Nichols sentence Steve Bannon to jail for resisting a subpoena from the J6 Committee?

  1. Leith says:

    Considering the max sentence was one year in prison and a $100,000 fine; Bannon got let off easy with just four months and a $6500 fine. Plus sentence is stayed pending Bannon’s appeal as long as it is ‘timely’.

    IMO he should have gotten the $100,000 fine and no prison time.

  2. blue peacock says:

    Steve Bannon, a former top adviser to Donald Trump, was sentenced Friday morning to four months in prison and a $6,500 fine for criminal contempt of Congress after defying a subpoena from the Jan. 6 committee.

    The judge will hold off on imposing the sentence if Bannon files an appeal before Nov. 15, which his team has signaled he is ready to do.

    https://www.dailymail.co.uk/news/article-11340629/Steve-Bannon-gets-4-months-prison-contempt-Congress-defying-January-6-subpoena.html

    Compare & contrast:

    Holder – refused to testify to Congressional subpoena – Not indicted & prosecuted.

    Clapper – lying to Congress under oath – Not indicted & prosecuted.

    • Bill Roche says:

      It is time for separation. Parting will not be such sweet sorry. Adieu, fifty state begone. Run your lives as you wish. The question is how. We have two rules for justice and that is no justice. Add to your list Clinton’s guy (Sandy Berger) with classified documents in his socks, Clinton’s “lost” emails, no federal interest in Coumos (NY NY what a wonderful state) health care abomination, DOIJ snoopying on State law enforcement (all about civil rights you know) but no concerned about 2021 riots, an entire cast of characters at the FIB who participated in a gov’t cabal to remove a candidate then destroy a presidency, the IRS being used to target conservative donars, and now we have what a liberal Fed. Judge from Cal. appnt’ed by Clinton and a doner to Clinton deciding that Bannon should be punished. Holder, Clapper, c’mon man they dinna do nufin! Make fun at my suggestion on state reallocation but no one has come up w/a better idea. That is unless we all want to rtn to 1860. Not me.

    • Bill Roche says:

      The Star Court Tribunal has awakened. The socialist press approves. Fools, the fascist will come for them in time also.

  3. SRW says:

    I guess this is what happens when you don’t have the Trumpster around to grant him a pardon as he did when Bannon was convicted of fraud.

    • Bill Roche says:

      The question is, at least nowadays, who did the convicting. Apparently some still trust the DOIJ, FIB, and the newly named Central Domestic Intelligence Agency, CDIA. Talking about fraud we can wonder why the IRS was/is (?) still doing it. We can even point out the the Socialists Propaganda Press is applauding Bannon’s sentence.
      Say, who was that drug dealer, Clinton contributor, that Clinton pardoned. He wasn’t involved in fraud, just drugs. Mark somebody … oh well that’s just the Clintons. We need to say adieu. The differences in America can no longer be compromised and, I fear neither side wishes to. Socialists can enjoy their country and Libertarian/ Conservative/Capitalists can enjoy theirs. “Each can pursue their own happiness”.
      I wasn’t born yesterday. I understand the web of disentanglement it will be domestically and internationally. Still, it must happen.

  4. valuenotfound says:

    Sounds peachy except that the progressives just can’t “pursue their own happiness.” They won’t ever be able to stand for other people not believing what they do. The rest of us just want to be left alone and they can’t stand that.

    • TTG says:

      valuenotfound,

      Those who just want to be left alone are fine. It’s the ones out to establish their unique brand of evangelical sharia law on all of us that are the problem. Being left alone goes both ways.

      • Valuenotfound says:

        I can only assume you’re talking about the abortion issue? Because frankly, I don’t see a lot of Southern Baptists trying to get in political power to take away dancing, drinking, etc. Outside of the crusades and the inquisition, the most zealous Christians will only tell to believe what they do or face damnation. Hardly implementing “evangelical sharia law.”

        I do see way too many people on the left trying to get in to power to take away as many rights as they can and at the same time make us all say the words they want. Look no further than almost any democrat candidate to see it action.

        Maybe you can’t see the difference between a couple of young people going door-to-door asking “would you like to talk about Jesus Christ” and a 40 FBI agents with a sealed warrant. Some of us still can.

    • Bill Roche says:

      Lets define some terms. Socialism is an economic idea which puts the majority of production of goods and services in gov’t. It is a communal economy directed by central gov’t planners. A communist is a socialist who has been called in called to eliminate rejection of socialism. He has guns. The former is an economic idea, the latter a political idea. Both are fascist/totalitarian in nature. Socialism can not permit any contradiction or digression to their economic ideas or their arrangement of society. If they did they w/n be socialist. Socialism is against a constitution that encourages each to seek their individual happiness w/i the law. A law BTW with great individual safeguards (BOR). Ultimately socialism must eliminate individual ppty and force equal economic outcomes on everyone despite everyone being unequal. Many socialists in gov’t will do this and no one can stop them. No one will want to stop them if the propaganda press inculcates the public. That is unsustainable and is why socialism ultimately calls on the beefy boys w/guns. It can start w/the state declaring some people as “others”; Ukrainians “kulaks”, Jews, “ratzen”, Chinese/Cambodians “enemies of the people”. The “others” get a different justice then the friends of the state. When this is accomplished the “others” have a choice, submission or fight. Do we want to go back to 1860. The North would not countenance the south’s way of life and 650M men died. Extrapolate this horror to today’s pop. I tell you fellow correspondents, “peachy” or not, we must find a peaceful way to separate. Bannon will get his appeal. Given Holder, Clinton, Clapper, he should never have been charged/convicted. Four legs good, two legs bad.

  5. Bill Roche says:

    Bannon in contempt is punished. Holder in contempt is not. Yesterday Xi’s predecessor was removed forcibly from a big final day meeting in Bejing. He was sitting right next to Xi who d/n raise an eyebrow. I guess we have moved to the CCP application of “individualized justice”. The American press is a silent accessory to the return of the Star Chamber. Perhaps my next post will include a little remembrance of what that interesting “legal forum’s” m.o. was – for those of you who cannot see how justice un-uniformly applied is not justice. When will Trump be marched off to the Tower? Who will rise to protect him? Ah, Merrick Garland and the DOIJ. Relax Pilgrims, we have nothing to worry about.

    • Sam says:

      There is one other issue that honestly puzzles me as people talk about it. So much of the conversation around Xi and China actions implicitly or explicitly refer to him as a conservative risk averse leader. In reality he is the exact opposite. He behaves and sees himself as a transformational leader who will aggressively take or pursue almost any objective regardless of what others think regardless of the potential costs.

      https://twitter.com/baldingsworld/status/1584230158868717568?s=21

      There is no threat as large as Emperor Xi. Unfortunately many among our elites are on the CCP payroll and will be caught with their pants down when Xi acts and will pretend to be surprised. 90% of our medications are manufactured in China as an example. A prepared US government would be on a crash program now to reshore manufacturing of all goods away from CCP. And bolster military options to deter Xi’s invasion of Taiwan. And develop solid actionable partnerships to blockade natural resources from ag to crude from arriving in CCP land in the event Xi gets militarily belligerent.

  6. cobo says:

    Hu Jintao “leaves congress” If you haven’t seen the video, suppressed in China, watch how Hu is “leaved…” Any questions about the reality of China and Xi Jinping, no. In front of the CCP and the world Xi has just shown his power, and that nothing remains of the old China policy. This cannot be explained away.

    https://www.youtube.com/watch?v=QtpGkgabpcU

    • Bill Roche says:

      I read that the CCP was concerned that Hu Jintao in need of rest. I wonder how much rest will he get? A good thing something like that could never happen in America. Members of one party would/could never do that to another party.

  7. Sam says:

    Xi’s wartime cabinet is in place. His 20th Party Congress purge not only installed loyalists, but two spy chiefs, and military leaders responsible for China’s ‘reunification’ with Taiwan. He sacked the only three men with markets experience (the heads of the PBOC, the CSRC, And finance minister). Xi also added the Ministry of State Security head to the Politburo and the Central Committee (Chen Wenqing). These moves send a clear message to the world that conflict and ‘Great Struggle’ are coming soon. Not since Mao has a Chinese leader stacked his cabinet with men (all men…no women, no blacks, no Hispanics, or anyone else but Han Chinese) with aerospace, weapons, surveillance, and military expertise. Conflict with Taiwan is now around the corner. The Great Chinese Liquidation of public and private equity is in full swing. Today’s 10-20% crash in Chinese shares is just the beginning of the destruction of western capital invested in Chinese companies. It appears that Xi’s ‘Great Struggle’ is also meant to inflict maximum pain to those who believed ‘reform and opening’.

    https://twitter.com/jkylebass/status/1584547882111479810?s=21

    The CCP threat is real. Are the US government and the corporate elites especially Wall St prepared for the serious conflict to come?

    • Bill Roche says:

      Sam you write only Han Chinese??? But wasn’t the future of communism inclusive? Study Chinese history, for centuries one Han washed the other (sorry, I couldn’t help myself), but w/a Mongolian interlude it is true. The Han rule and have never forgotten/forgiven the unequal treaties and their humiliation at western hands. China’s time is now. They are back to the 13-14th centuries. Look around the world. Who can stop them? L.A., S.E. Asia? Europe? America better get tight w/t Indians. I think Trump, that wily ole knumb skull, was trying to do that b/f the FIB and the DOIJ ran him off the rails. Glad I like Chinese and Indian food.

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