The Independent View: Judge Puts Limits On Public Disclosure Of Evidence In Bannon Case

A Federal Judge, on Friday, Rejected Steve Bannon's Challenge to the Limits the Justice Department (DOJ) was seeking on Public Disclosure of Evidence the Government turned over to him in his Case. Several Media Organizations had also Challenged the DOJ Proposed Limits.

U.S. District Judge Carl Nichols, who is presiding over the Criminal Contempt Proceedings the DOJ has brought against the Ex-Adviser to Trump, issued a Protective Order that largely adopted the DOJ's Proposals for Restricting the Types of Evidence from the Case that could be shared Publicly.

The judge's Ruling included some Provisions Bannon's Team had Requested. The Judge will allow the Parties to cite Evidence in Court Filings, thereby making it Public. The DOJ had proposed a similar Provision in its earlier Court Filings.

The Judge will also allow Bannon's Team to Challenge Specific Documents, that fall under the Protective Order, if Bannon's Team believes they should be made Public.

Bannon, who has pleaded Not Guilty to the Contempt of Congress Charge brought by the DOJ, is set to go to Trial July 18, 2022.

Bannon's Team and the DOJ were at odds over whether there should be a Protective Order over Materials that would emerge in the Discovery Process.

Bannon's team argued the Public had a Right to know the Details of the Case. The DOJ said the Records should remain Private, claiming Bannon was aiming to "try this case in the media rather than in court," and arguing that making Documents Public before Trial could sway Witness Testimony.

Nichols ordered Friday that Records unearthed in the Discovery Process remain under a Protective Order. The Order does Not apply to Documents that are Publicly Available or Records that Bannon's Team obtains Independent of the Discovery Process.

The Prosecution stems from Bannon's decision Not to Cooperate with the House January 6's Investigation, with the DOJ bringing the Case after a Referral from the House.

At a Court Hearing, on Tuesday, Bannon's Legal Team said that they would like to Share with the Public, among other things: Internal Congressional Communications about the Subpoena the House January 6 Committee issued to Bannon. "We do believe the committee's discussions about Mr. Bannon's subpoena ... is the business of the public," David Schoen, an Attorney for Bannon, said at the Hearing.

The DOJ had said in Court Filings that Bannon was seeking "to abuse criminal discovery to try this case in the media rather than in court."

There will likely be other Pre-Trial Disputes over Discovery that Nichols will need to Resolve.

Bannon's Team has also Previewed an effort to obtain additional Internal Documents, beyond what already has been turned over to him, from Congress, as well as Records related to the DOJ's Decision to Charge him. Prosecutors have Signaled that they do Not think Bannon is Entitled to those additional Documents.