Steve Bannon's defense team announced Thursday that not only will the former White House aide not testify at his trial, no one else will be called by the defense either.
After federal prosecutors rested their case, the defense moved for an acquittal, arguing that the government had not proven its case against the one-time adviser to former President Donald Trump. He also stated that the defense would not be presenting a case of their own.
"You are not intending to present any evidence to the jury?" U.S. District Court Judge Carl Nichols asked.
"Correct," Bannon attorney David Schoen confirmed.
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The prosecution only called two witnesses in presenting their case to the jury, and the defense argued that the government's case hinged on the testimony of one of them, House Jan. 6 committee chief counsel Kristin Amerling. Amerling testified regarding Bannon's failure to comply with the committee's subpoena.
Bannon's defense pointed to communications between Bannon and the committee that they said indicated that he was simply negotiating terms and had not intended to defy the subpoena.
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Prosecutor Amanda Vaughn argued that the main point was that Bannon had not provided records by the set deadline. She also pointed to how he posted on social media that he would not comply, and sent a letter the day before a deposition saying he would not attend.
The defense also argued that Amerling's testimony was insufficient because she was not the one who signed or entered the dates in the subpoena and that the one responsible for this – committee chairman Rep. Bennie Thompson, D-Miss., had not testified.
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Judge Nichols called for a recess until 1 p.m. and said he would rule on the motion for acquittal after the break.
Should Nichols deny the motion, the trial would move to jury instructions. Prior to that, however, Bannon's defense indicated that would like to present an argument that they were not given a fair chance to advocate for Bannon because they never had an opportunity to question Thompson.