Trump aide Steve Bannon cites Jan. 6 hearing in seeking trial delay

Former Trump White House aide Steve Bannon has again asked a federal judge to delay his upcoming trial on criminal contempt charges, this time citing repeated references to some of his past comments during a hearing Tuesday of the House select committee investigating the Jan. 6 Capitol riot.

Bannon’s lawyers also said in a court filing Wednesday that “the defense learned just today” that CNN will air a one-hour documentary on Bannon on Sunday evening, the day before his trial for contempt of Congress is set to begin in Washington, D.C.

Defense attorneys said that both events create “the very serious risk of prejudice here” against Bannon among jurors to be selected for his trial on charges of willfully refusing to comply with subpoenas issued by the Jan. 6 committee demanding documents and his testimony.

“There is just nothing magic about July 18th [the scheduled trial start] that can possibly justify the risk to Mr. Bannon’s fundamental” constitutional rights to a fair trial, the lawyers wrote to Judge Carl Nichols.

They asked the judge to postpone the trial until after Oct. 15.

Nichols on Monday rejected a prior bid by Bannon to postpone his contempt trial by three months after his lawyers argued that media coverage of the House hearings would harm his right to a fair trial.

Nichols that same day also said that Bannon could not argue at trial that he failed to comply with the subpoena on the grounds of executive privilege, and barred him from calling House Speaker Nancy Pelosi and members of the Jan. 6 panel as witnesses.

The judge’s rulings effectively gutted much of Bannon’s potential defense, and lead one of his lawyers to gripe in court, “What’s the point in going to trial here if there are no defenses?”

Bannon, who served just seven months as a top White House adviser to Trump, faces at least 30 days in jail if convicted of the two contempt charges he faces.

In their court filing Wednesday renewing the trial delay request, Bannon’s lawyers said lawmakers at Tuesday’s House committee hearing showed video excerpts of him speaking on his podcast on Jan. 5, 2021, that had been “edited for maximum inflammatory effect.”

“All hell is going to break loose tomorrow,” Bannon said on that video. “All converging and now we’re on, as they say, the point of attack. Right? The point of attack tomorrow. I’ll tell you this, it’s not going to happen like you think it’s going to happen. Okay? It will be quite extraordinarily different. And all I can say is strap in.”

Later that same night, a committee member said, Bannon and then-President Donald Trump spoke on the telephone for six minutes.

The following day,…