0:00

So Michael Popak with the breaking legal

0:02

AF hot take, the judgment of conviction

0:04

of Steve Bannon has been affirmed by

0:07

the three judge panel of the DC

0:09

Court of Appeals. That means

0:11

we are one step closer to

0:13

Steve Bannon serving his four months

0:15

that he was sentenced to for

0:18

willfully refusing to comply with a

0:20

select committee on the Jan 6

0:22

committee, select committee subpoena, to give

0:24

testimony and to provide documents for

0:27

a person who was a podcaster and

0:29

not a presidential advisor at the time

0:32

that he was subpoenaed. What does it

0:34

all mean? We got a new ruling

0:37

led by a three judge panel written

0:39

by Judge Brad Garcia, new

0:41

to the bench, but with a long

0:43

history of having been an advocate at

0:45

the United States Supreme Court and appointed

0:47

by Joe Biden just a couple of

0:49

years ago, but a shining star on

0:51

the DC Court of Appeals could be

0:53

in line one day for the United

0:55

States Supreme Court. That Judge

0:57

Garcia wrote the majority opinion in

1:00

which he rejected completely

1:02

Bannon's assertions that there needs

1:04

to be firstly, in order

1:07

to find him guilty of

1:09

willfully refusing to comply with

1:11

a congressional subpoena under

1:14

18 USC 192. Bannon tried to argue there

1:18

needs to be a bad faith element to

1:20

it, that the prosecutors have a heightened burden

1:22

to show that he acted in bad faith

1:24

and he tried to point to all sorts

1:26

of evidence, primarily a inconclusive

1:28

letter from Justin Clark

1:31

claiming to serve as the as

1:33

a lawyer for then President Trump

1:35

telling Bannon that he should be

1:38

careful because some of what they're

1:40

asking for at the Jan 6

1:42

committee may may trigger executive privilege.

1:44

But Donald Trump never made an appearance

1:46

before the Jan 6 committee never sent

1:48

a letter exercising any

1:51

type of executive privilege in order for

1:53

that to be ripe to be litigated

1:55

in the courts. Instead Bannon waved around

1:57

this inconclusive letter from Clark at best.

2:00

that said Trump wants you to

2:02

be careful because some of what you

2:04

may testify to or supply

2:06

could be executive privilege. Well Judge

2:09

Garcia said that's not enough. That

2:13

doesn't show that you haven't

2:15

technically violated, willfully violated a

2:18

subpoena properly propounded

2:21

by the Jan 6 Committee, a congressional

2:26

legislative committee. That's

2:28

it. And they

2:30

also declined

2:32

the invitation by Bannon

2:34

and ultimately by the

2:36

trial judge, Judge Nichols,

2:38

Carl Nichols, who while

2:40

sentencing Bannon told

2:42

him if you take an appeal which he now

2:45

has and now has gotten the repeal rejected or

2:48

he's been on the wrong side of it, he

2:51

will suspend the sentence of

2:53

four months in jail to

2:55

allow you to do the appeal mainly because it

2:57

was back in 2022 and you see how long

2:59

it's taken us to get to a appellate decision.

3:01

He would have already served the time in jail

3:03

in the two year year and a half period.

3:05

Now of course we've got to put up with

3:08

Steve Bannon bragging about that

3:10

he's going to win on his various

3:12

podcasts. In fact let's play a clip

3:14

now of Bannon on one of his

3:17

podcast, The War Room or whatever it's

3:19

called, bragging about this case. Look lady,

3:22

we're getting into the J6 stuff. This is one of the things we're

3:24

going to talk about. Matt Rosineau is going to join us. We're going

3:26

to get into the J6 stuff and we're going to see how

3:29

much you and folks in Congress

3:31

protected the Republic and

3:33

why your committee, the cover-up committee, why you didn't

3:35

grill Ray while he was never interviewed, all of

3:38

it. It stinks to high heaven and you're going

3:40

to get your day, you're going to get your,

3:42

as we say, in the Navy, your turn in

3:44

the barrel. Ma'am. Well

3:47

he was wrong. He lost. And

3:50

now what's going to happen next is

3:52

that the invitation that Bannon

3:54

made to reject a precedent that had

3:56

been on the book since the 1960s.

4:00

called Licavoli, named after a case

4:03

back then, which basically said all

4:05

you need is a

4:07

violation, a refusal to comply

4:09

with a subpoena, and you have a

4:12

violation of the criminal statute. That's it.

4:15

No other requirement. In fact,

4:17

in order to overcome Licavoli,

4:20

the Judge Garcia for the

4:22

DC Court of Appeals three

4:24

judge panel reminded him that

4:27

in order to do that, since it was

4:29

binding precedent, he'd have to show that

4:32

Licavoli had been subsequently

4:35

overturned by a United States Supreme Court

4:37

decision in the last 55 years,

4:40

which it had not been, or that

4:42

an entire what

4:45

we call en bonc panel

4:48

of the DC Court of Appeals had

4:51

ruled something subsequently that undermined Licavoli.

4:53

Neither of those two things that

4:56

happened, meaning that they, just like

4:58

Judge Nichols, were bound by Licavoli

5:01

to apply the law as it existed.

5:04

We all, under the law, there's a fiction that

5:06

we all know the law and need to follow

5:09

the law. So Licavoli's been on the

5:11

books for 55 years. Bannon's

5:13

lawyers probably would have taken them, I

5:15

don't know, one second to find that

5:17

case to guide his conductive behavior. And

5:19

for Bannon to then argue that we

5:22

should put a new overlay of find

5:24

bad faith, and I don't have bad

5:26

faith because I have advice of counsel.

5:28

Some lawyer told me I didn't have

5:30

to comply, which is untrue. Or

5:32

the Trump's lawyer directed me not

5:34

to comply, which is also untrue,

5:37

which Judge Garcia went through. That's

5:39

not what the letter says. There

5:42

really was no defense at

5:44

all to Bannon not supplying documents and

5:46

or testifying to the Gen 6 Committee

5:48

in response to those two subpoenas, which

5:50

is why he has two criminal convictions

5:52

against him. Now, what's going to happen

5:54

next? That's really, I think, why people

5:56

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5:58

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get a free gift with your

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order today. What's

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going to happen next is that I assume

7:52

that the lawyer handling the case for

7:54

Bannon, David Schein, Was

7:57

also the lawyer you may remember, kind of a short

7:59

little fellow. Who argued for Donald Trump

8:01

at the impeachment hearing. There were two lawyers.

8:03

One of them was a shorter. guys. That

8:05

guys. The guys. It's representing balance. David

8:09

side. I assume we'll try to take

8:11

a of. I have asked for the

8:14

full. On

8:16

Board panel of the Court of Appeals

8:18

the Dc Circuit court to hear this

8:20

but in order to do that he's

8:23

gotta get a majority of the panel

8:25

to want to hear the case. and

8:27

as to be frank, I doubt they

8:30

will. This this of twenty page decision

8:32

by Judge Garcia is is really air

8:34

tight and waterproof and I I don't

8:36

see them getting the ten or eleven

8:39

votes they need to pull the case

8:41

up for a full of bombed real

8:43

argument. Because. They're just dead right on

8:45

the law. And

8:47

on the application of like a volley

8:49

and unless they decide well we're going

8:52

to overturn that's an were gotta have

8:54

a pre new law and let bad

8:56

and be the recipient in the beneficiary

8:58

of the new lot. I don't see

9:01

that happening. Which means one the three

9:03

Once the on reconsideration happens, rejection happens

9:05

over the next. You know man, Sixty

9:07

days, Thirty to sixty days. Their last

9:09

stop on the train for ban and

9:12

it's to take an appeal to the

9:14

United States Supreme Court. First stop on

9:16

that train. Just as Chief Justice

9:18

Roberts. Who sits

9:21

over all things? D C courts still have

9:23

to make a decision whether he on his

9:25

own. Which is allowed to

9:27

do. As the circuit

9:29

judge that sits over that circuits or

9:31

a reference to the full panel decides

9:33

whether they're going to, they're going to

9:36

allow this application, this writ of certiorari,

9:38

to change the locks and to reject

9:40

and to speak out of the supreme

9:43

court level like a volley now locked.

9:46

We. Have we have a lack of confidence?

9:49

I guess that's an understatement there in this

9:51

United States Supreme Court. Of

9:53

it is likely. That. There

9:56

is at least four votes.

9:58

And. Then five votes. To

10:01

reconsider the liquor volley decision

10:03

and create new law about.

10:06

Legislative subpoenas and people responding to

10:08

them with this mega right wing

10:10

supreme court. I

10:13

think it's fifty fifty that they bring it

10:15

up, so I just want to manage expectations,

10:17

not blow smoke for sunshine. I think it's

10:19

fifty fifty. At there's enough

10:22

votes to establish new law and

10:24

to add either a bad faith

10:26

into the requirements or to try

10:28

to change the contours of the

10:30

liquor volley precedents that was applied

10:33

here in the Dc court of

10:35

Appeals against Fan. But.

10:37

I also think there's a good argument

10:39

that that laws but other books for

10:41

fifty or sixty years. Although lord knows

10:43

the Supreme court has not had a

10:45

problem ripping away a woman's right to

10:48

choose and as a constitutional a fundamental

10:50

right in fifty or sixty years. But

10:52

I think when it comes to you

10:54

know, the branches of government. And

10:56

the three branches. I

10:58

could see an argument for the United States

11:01

Supreme Court, even mega right wing staying out

11:03

of this. That's why say it's a fifty

11:05

fifty but in the meantime are bad and

11:07

stays out that he's a free man. He

11:10

doesn't start his sentence at this rate.

11:13

I don't think we're going to see

11:15

this sentence really start until well after

11:17

the election when that issue an app

11:19

and and you know and we always

11:21

have the issue the problem of if

11:23

Donald Trump and the restoration of his

11:26

presidency app and he just pardons bad

11:28

and again he pardoned him once he

11:30

would just. Pardon. Him again he

11:32

would never serve the four months. We all

11:34

know that's a bad and is is banking

11:36

on a I'm sure he's been told point

11:39

like by Trump that he wealth of be

11:41

pardoned. How do we prevent that? A you

11:43

don't follow the Midas Touch network free subscribe

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get of the three million, follow legal A

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asked and vote vote vote Come November five

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and make sure the right person, the reelection

11:52

of Joe Biden happens and then all the

11:54

stuff that I'm talking about that will just

11:56

be conjectural and speculative. We don't have to

11:59

work if we. Following all are legally

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yes, this is Michael Pope. Ah, reporting.

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