News Roundup

Steve Bannon, former aide to President Trump, faces sentencing today on two misdemeanor counts of contempt of Congress. The charges arise from his failure to respond to a subpoena from the House Select Committee to Investigate the January 6th Attack on the United States Capitol. There are two counts because Bannon neither (1) provided documents nor (2) appeared to testify. There are two major issues for the sentencing judge. The first is what sentence to select. As is routine in federal court, a probation officer has filed a report that includes a calculation of the applicable sentencing range under the advisory federal sentencing guidelines. The report concludes that the proper range is 1 to 6 months in prison. The government is asking for 6 months, while Bannon is asking for probation. The second issue is whether to delay the effective date of any sentence pending Bannon’s appeal. The planned appeal concerns whether Bannon should have been allowed to introduce evidence that he relied on the advice of his lawyers in declining to respond to the subpoena and therefore lacked the requisite mens rea for the offense. Pundits seem to believe that the judge may grant a stay pending appeal, but we’ll know for sure shortly. CNN has a primer here. Keep reading for more news.

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