Trump, sources told CNN, could write a letter commemorating his position that could be used in Bannon’s defense, which they say could pave the way for Bannon to testify before the select committee of the House investigating the March 6 insurgency. January 2021.
The Washington Post first reported that Trump is considering writing the letter. Bannon will be tried later this month on charges of criminal contempt after refusing to cooperate with the House panel, citing widespread claims of executive privilege, the first such case. result of the historical research of the Congress. He has pleaded not guilty to charges of contempt.
Even if Bannon agrees to testify before the committee, that is not a remedy in a case of criminal contempt in Congress, so it is still unclear what impact this would have on his next trial.
Bannon and several other Conservatives have tried to fight the select committee’s subpoenas in court, but their arguments have been repeatedly rejected by federal judges.
Legal experts have said Bannon’s claims for privileges are unstable in part because he had left his role in the White House years before the attack on the U.S. Capitol. “There is no executive privilege. This is a ploy to tarnish your criminal case,” CNN analyst Norm Eisen said.
The Justice Department also did not buy Bannon’s privilege claims and charged him last year.
Last month, DC District Court Judge Carl Nichols dismissed Bannon’s motion to dismiss the case against him, including his arguments that citations by the House Select Committee were illegal and that he was protected by secrecy. of the presidency because he had been in contact with Trump at the end of his administration.
At trial, Justice Department prosecutors, who received a referral from the House to prosecute him, will have to prove a relatively limited case if they want to get a conviction: that Bannon deliberately refused to respond to Congress’ investigation. . He will not be able to argue that he relied on the advice of his lawyer, the judge has already ruled.
This story was updated with additional details on Friday.
CNN’s Katelyn Polantz contributed to this report.