My friend and fellow columnist Dino Durrati just published an article reporting that good old Steve Two Shirts Bannon just got subpoenaed by the Jack Smith DC grand jury to appear for a fireside chat about his shenanigans per and post Capitol insurrection. Dino’s contention was that Bannon would treat a federal subpoena far more seriously than a subpoena to appear in front of a House Committee.
I’m sorry Dino, but I couldn’t disagree more. I’ve watched Bannon since he became Trump’s campaign CEO midway through his 2016 campaign. And right from the start, if you watched him at all closely, you quickly realized that when it comes to Two Shirts, What you see is what you get.
It’s a good thing I love the movie Forrest Gump, because I can’t seem to stop quoting Mama Gump, who was fond of telling Forrest Stupid is as stupid does. And Steve Bannon is the poster child that sometimes Life imitates art.
Bannon is by no means a moron. He’s college educated, and a former naval intelligence officer. But at the same time, Bannon is one of those misfit toys that sees himself as some kind of American Che Guevara. He literally hates the American system, and wants to burn it to the ground. And as a true believer, it colors his beliefs, thoughts, and actions. Like Guevara, Bannon is willing to be a martyr to his cause.
Here’s an example. After Traitor Tot got bounced, Bannon went to Europe to spread the good word of far right extremism. Apparently he was well received by the European Molotov throwers, and probably made a few bob. But it wasn’t about the money. Bannon used that to lease an ancient Italian monastery, which he planned to use as a kind of boot camp for European bucketheads. Fortunately the Italian government stepped in and shut him down for not having the proper licenses and permits.
Stupid is as stupid does. When Bannon got the subpoena from the J6 committee, the solution was quick, clean, and simple. Comply with the subpoena, show up, get sworn in, and then plead the 5th Amendment for everything from his name on down.
But that’s not in Bannon’s nature. The 5th Amendment is for wimpy ass mob bosses and drug lords. Bannon is a counterrevolutionary badass. And so he instead he flipped the committee double barrel birds. And when the DOJ came for him, he flipped them double barrel birds. Because Bannon is smart enough to know the system. First time offender, non violent non compliance. Two counts equals 4 months in the diaper pail. Hell, Bannon will spend that time pushing out another POS book, and return to his podcast like a POW getting out of prison and coming home.
Which is why I sincerely believe that Bannon has no choice but to flip double barrel birds at the federal grand jury. It’s ingrained into his nature. And make no mistake, Bannon knows the risk he’d be taking. This time he’ll be a repeat offender, which means harder time. And a count of obstruction of justice carries harder time that a lousy couple of counts of obstruction of congress.
But Bannon thinks that he has an ace-in-the-hole, and he’s willing to bet his long term freedom on that roll of the dice. But Bannon is a true believer, and as such, he has complete faith in Trump being able to rally the troops and win in 2024.
Let’s just say that Bannon blows off his grand jury subpoena. It will take weeks, if not months for the DOJ to go before the grand jury and indict Bannon for obstruction of justice. Then the have yo bust him, perp walk him, and arraign him. And since the seasons move faster, by the time Bannon finally goes to trial, it will be summer of next year. And if Bannon is convicted, once again, just like this time Bannon’s lawyers will request that he remain free on bond while his case is appealed. And if Trump wins in November, then Bannon is counting on His Lowness’s first official act on inauguration day will be to give Bannon another full and complete pardon. Tinker-to-Evers-to-Chance.
And that’s why I don’t expect Bannon to either comply with the subpoena, nor appear and plead the 5th. Bannon is a nihilist, and his belief in his value system is complete. And if he ends up going to prison? Hell, so did Hitler after the Beer Hall Putsch, and look what happened after that. This is just getting started.
I’m not so sure this will drag out the way you suggest it will. I was saying WTF? when that NY judge set Trump’s trial up there at the end of next April. The case had been going on for a long time and Trump’s lawyers up there are a bit better than the usual ambulance chasers we know. Something the judge knows too. Now, it’s impossible to identify points of law to argue in pre-trial motions before the defense has the actual indictment in hand but they had a pretty good overall idea of what was coming. And Bragg surely had discovery material lined up for them and again, in pre-indictment discussions (which are routine) while Bragg wouldn’t have shown his entire hand he’d have given them a bare bones outline. So a couple of months for the defense to come up with motions and a couple of months for prosecutors to respond, with another month for hashing things out in front of the judge in a final status conference BEFORE the holidays. And that’s one generous timeline for Team Trump. That means a trial date sometime in January instead of April and a verdict in Feb.
Federal courts typically act slowly, and on a complex financial case an April 23 projected trial date might have been several more months.
I say all that for two reasons. That judge in NY aside, judges/courts are by now and with the spotlight shining so brightly not only well aware of Trump’s standard delaying tactics but increasingly seeing through them. It was stunning how quickly Judge Cannon’s attempt to help Trump got slapped down. A contempt of court action like blowing off a subpoena, especially in a criminal case is simple and straightforward. Hell, I’ll bet prosecutors already have their motion to the presiding judge drafted and sitting on the computer, only needing the date filled in. And maybe some space allotted to add in some of Bannon’s social media commentary to emphasize his CONTEMPT of court. I don’t see a judge doing the “the wheels of justice move slowly and I/we will get around to this… someday. When I/we have made our point that we will do things on my/our schedule and the public good/opinion be damned.” Nope. I say in a week at most the judge will be hauling in the lawyers and tell Bannon’s ole Two-shirts had better have his butt in court. And have a Bench Warrant for his arrest sitting right there which he will call Bannon’s lawyers up to the bench to look at. And tell them to get Bannon on the phone like right effing now and tell him to leave for court then and there and police escort will be dispatched to get him there quickly. Or slap him in handcuffs and toss him in the back of the cruiser and his butt will be dragged into court. And ANY funny games and he’ll be spending some nights in jail to get the message.
Since Bannon is already free while one charge is being appealed as you’ve noted he’s no longer a first time offender. This being a criminal case and him being rich he might just find himself stuck in jail until his trial. Suddenly Bannon will be the one wanting things to move along. In which case I’m fine with the court going old-school and getting around to it when they are good and ready in the distant future!
IANAL but I don’t think contempt of a grand jury subpoena takes all that long. If Stinky fails to show or produce documents, a judge can immediately have the police haul his fat derriere into court to explain himself. If the judge isn’t satified w/reasons for non-compliance, Stinky can and probably will be jailed.
Methinks judges… federal state local… didn’t like being threatened by idiot 45? A … collusion… on their part!!! 🤔 or they or most have said… chaos?? Disruption?? Bs?? Adios mofos!!! Adios with all y’alls bs … and have decent representation… and be prompt. ( and fellas with nice thick legal and thorough legal briefs… warm our legal hearts and … oil up our legal gonads. No Jeffrey turbin (sic?) brain bleach needed … 😬😳).
Pig pen goes down! Pig pen goes down! Pig pen goes down!