Steve Bannon was ordered to report to prison on July 1st, but a federal appeals court has yet to rule on whether or not to grant an emergency plea from the former White House Chief Strategist to avoid a four-month prison sentence.
00:00:00.000There have been a number of cases just in the last few years that have fleshed this out and made clear that in this country, we don't send anyone to prison if they believed that they were doing something that complied with the law.
00:00:13.480In other words, what Justice Alito and Justice Thomas said in 2019, where Congress wants to require proof that a criminal defendant knew his conduct was illegal, it specifies that the violation must be willful.
00:00:27.360In the context of this statute, a misdemeanor, contempt of Congress, different from every single other statute in our jurisprudence, the court found that willful, in 1961, the court found that willful, willfully make the fault, just means did you get a subpoena and did you comply with it?
00:00:45.000That's not what willful means as a matter of law in the criminal context.
00:00:48.720And here, the case is complicated because former President Trump invoked executive privilege and reaffirmed that before the trial started, that he had invoked executive privilege.
00:00:58.740This case raises a dynamic separation of powers issue.
00:01:02.880We know from years and decades of case law that the president and a former president has the authority to invoke executive privilege.
00:01:10.960It's his prerogative, his or her prerogative, one day maybe her prerogative, but it's his prerogative to invoke, and it's presumptively valid when invoked.
00:01:20.940It's not for Congress to determine whether it was an appropriate invocation or otherwise, and Congress cannot be the arbiter of how to respond to that.
00:01:28.860Okay, thanks. I've got great lawyers, and we're going to go all the way to the Supreme Court if we have to, but I want to say something specifically about the Justice Department.
00:01:36.540Merrick Garland, Lisa Monaco, the entire Justice Department, they're not going to shut up Trump.
00:01:41.180They're not going to shut up Navarro. They're not going to shut up Bannon, and they're certainly not going to shut up MAGA.
00:01:45.820If you look right here, you reporters, in the two and a half or three years we've been here, look at the rise of MAGA, look at the rise of Donald Trump.
00:01:53.500If the election was held today, according to Harry Enten over at CNN, President Trump would win in a landslide.
00:02:00.880All of this, besides the major legal issues that have to be addressed, all of this is about one thing.
00:02:06.080This is about shutting down the MAGA movement, shutting down grassroots conservatives, shutting down President Trump.
00:02:13.160Not only are we winning, we are going to prevail, and every number and every poll shows that.
00:02:18.880There's nothing that can shut me up and nothing that will shut me up.
00:02:22.200There's not a prison built. There's not a prison built or a jail built that will ever shut me up.
00:02:29.800All victory to MAGA. We're going to win this. We're going to win it at the Supreme Court.
00:02:33.740And more importantly, we're going to win on November 5th in an amazing landslide with the Senate, the House, and also Donald J. Trump back as President of the United States.
00:03:23.320Yeah, so just moments ago, Judge Carl Nichols ordered that Steve Bannon report to prison by July 1st.
00:03:30.160This comes nearly two years after the trial in which Bannon was convicted for defying the January 6th committee's subpoena for documents and testimony in connection with his actions after Donald Trump lost the election in 2020.
00:03:45.700Judge Nichols said that he believed that there is no longer the original basis for the stay of the imposition of Steve Bannon's sentence that he originally came up with over a year and a half ago back in the fall of 2022 when he sentenced Steve Bannon to four months in federal prison because this has already worked its way up to the appeals court.
00:04:06.260Now, Steve Bannon's team wants the full panel of federal appellate judges, or rather the full federal appellate court to hear these questions, but a three-judge panel already came back and denied his appeal.
00:04:18.420Ultimately, Bannon could appeal this order that he report to prison by July 1st, but given what we saw previously from the panel, it's a question of whether or not there's much of a chance of that.
00:04:29.160So what we could see here is ultimately Steve Bannon reporting to prison very soon, even as he continues to raise these issues on appeal of this case.
00:04:38.060And, of course, there's already a former Donald Trump White House advisor, Peter Navarro, who is currently serving his four-month sentence in connection with his defiance of the January 6th committee, Andrea.
00:04:50.880This is the primal scream of a dying regime.
00:04:54.740Pray for our enemies, because we're going medieval on these people.
00:05:01.160You're just not going to get a free shot at all these networks lying about the people.
00:05:05.420The people have had a belly full of it.
00:05:42.360It's Thursday, 6th June, Year of Our Lord, 2024.
00:05:44.740Before we are going to get, we have to juggle a couple of things here this afternoon in the war room.
00:05:50.400One is the President of the United States, Donald J. Trump, is going to take the stage momentarily at Dream City Church in Phoenix, Arizona, where it's a balmy 103 degrees and there's a massive crowd.
00:06:04.560We're going to go to Brian in a second.
00:06:05.320I want to thank the Real America's Voice team, Harry and Ben Burkwam and the team, for being with me on my previously scheduled appointment that you just saw the call open about.
00:06:18.860I mean, every June 6th, as you know, we do D-Day commemoration where we can get to this, including some things that I don't think were totally appropriate, okay?
00:06:28.260Like, I don't think it's totally appropriate bringing Zelensky there to be rubbing up on people.
00:07:04.120Brian Glenn's going to join us in a moment.
00:07:06.440Tomorrow at 5.30 p.m. Eastern Daylight Time, we're going to be at the – Dave Bratt and myself are going to be at the Powhatan Courthouse,
00:07:16.960the Powhatan Courthouse down at Powhatan County in Virginia, down there near Richmond, on the green.
00:07:24.860And we're going to have a – we're going to have a rally.
00:07:27.940We're actually going to try to do the 6 o'clock show.
00:07:30.280My producers are working with the great team at RAV, also over at Lindale TV.
00:07:35.680We're going to try to go live at 6 o'clock.
00:07:39.300So we're going to be there from 5.30 to 7, I think it is.
00:07:42.280It will be Dave Bratt and myself with House Freedom Caucus to kind of support the House Freedom Caucus.
00:08:14.020Obviously, a day in Normandy, the 80th.
00:08:20.360And the reason I think this one was so special was because of, and hey, if we hadn't had the election stolen, President Trump would have been there.
00:08:28.440But so divine providence, you know, so divine providence decided, right?
00:08:34.080Incredible because I think this is the last time, at least for some, like an 85 or a 90, obviously, that you're going to see any of the veterans there.
00:08:51.160Well, maybe I ought to do a little comment on my, this is why, if you remember this morning on, when I was here for the first half hour of the D-Day show,
00:08:59.360are always our commemoration before Philip Patrick, before Patrick O'Donnell jumped in with Dave Bratt.
00:09:10.360The, if you think about American military history and what's going on, you know, a lot of the best get killed right out of the box.
00:09:19.100Or as I say, in my theory of war, these wars always get nastier.
00:09:24.400The revolution, the civil war, World War I, World War II, particularly World War II, became a, just a brutal war of attrition, annihilation.
00:09:35.540It got angry and angry and nastier and nastier.
00:09:37.900The kind of Gatodama, not just the bombing of the nuclear weapon at Nagasaki and Hiroshima, but the firebombing at Tokyo.
00:09:50.160They bombed Germany back into the Stone Age with the Red Army did coming across, not making any justifications or calling people's, their decisions into question.