Bannon, 68, faces two counts of contempt of Congress after refusing to testify or provide documents to a Democratic-led select committee of the House of Representatives last year.
By afternoon, 17 potential jurors had been found eligible to serve on the trial, with a goal of reaching 22 after being questioned by attorneys from both sides. A 12-member jury, with two representatives, will be selected to hear the case.
Bannon unsuccessfully persuaded U.S. District Judge Carl Nichols to postpone the hearing, arguing that the commission’s high-profile public hearings would make it more difficult to convene an impartial jury.
The commission presented evidence last week that Bannon spoke with Trump at least twice the day before the Jan. 6 attack. 2021. The group also showed a clip of Bannon saying “all hell will break loose tomorrow” at a right-wing talk show on January 5. Bannon made the comments after his first conversation with Trump, the group said.
Nichols allowed a woman to serve as a potential juror, saying she had seen the commission’s hearings over objections from Bannon’s defense. Noting that the woman said she had not expected the case, the judge added that “media attention alone is not enough” to disqualify her.
A handful of people who were considered potential jurors expressed negative feelings toward Bannon and were excluded from the panel.
The panel plans to hold another hearing on Thursday evening with the aim of reaching a wider television audience. Bannon’s investigation will continue. Nichols said Monday it could run into next week.
Bannon argued that the material requested by the commission was protected by a legal doctrine known as executive privilege, which allows certain presidential communications to be kept secret.
Trump told Bannon this month that he would waive any claims of executive privilege.
Bannon reversed course this month, announcing he intended to testify before the commission’s public hearings, nearly 10 months after ignoring the subpoena. There is no indication so far that he has plans to do so, as the panel wants him to testify first in a closed session covering a wide range of cases.
Nichols ruled that Bannon could not claim executive privilege and could not claim to have followed his attorney’s advice when he refused to testify or provide records. Nichols opened up to the possibility that Bannon would present evidence of his latest offer to work with Bannon’s team.
Trump supporters stormed the Capitol in a failed attempt to block Congressional certification of his 2020 election loss to Democrat Joe Biden.
A top adviser to Republican Trump’s 2016 presidential campaign and later serving as chief White House strategist, Bannon helped articulate the “America First” right-wing populism and fierce opposition to immigration that helped define Trump’s presidency.
Bannon was accused in 2020 of defrauding private fundraisers to support Trump’s plan to build a wall along the US-Mexico border. Trump pardoned Bannon before the case went to trial.
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