Bannon appeals contempt conviction, saying he was following attorney’s advice

An attorney for Steve Bannon argued in federal appeals court Thursday that Bannon should not have to serve jail time for contempt of Congress because he was merely following legal advice.

The onetime senior aide to former President Trump was convicted of two counts of contempt for defying a subpoena from the House Jan. 6 committee. He was sentenced to four months in jail, but he has not served the sentence pending appeal.

Bannon’s appeal argument centers on the claim that Bannon never communicated with the Jan. 6 Committee directly, instead only through his attorney Robert Costello. Costello told Bannon at the time that he didn’t have to comply because of presidential privilege, so he chose not to.

Citing D.C. Appeals Court precedent, attorney David Schoen said Bannon should not be responsible for just following legal advice “honestly and in good faith.”

“Even if such advice by the lawyer was an inaccurate construction of the law,” Schoen said, citing the precedent.

Schoen also argued that Trump asserted executive privilege over what Bannon was asked to testify about — the time surrounding the Jan. 6 Capitol riots — and therefore Bannon had a right to a trial to argue those merits.

“Advice of counsel is the defense,” Schoen said, adding that presidential privilege is “presumptively valid.”