WASHINGTON — The judge overseeing former White House adviser Steve Bannon’s contempt of Congress trial ruled Wednesday that the Department of Justice must turn over writings — public or not — of official agency policy for prosecuting former or current government officials who raise executive privilege claims.
U.S. District Court Judge Carl Nichols also decided he wants to hear from Bannon’s lawyers in a forthcoming brief on why Bannon’s status as a former executive branch employee is distinguishable from case law — Licavoli v. United States — that holds someone who fails to appear for a subpoena on advice of counsel is not a valid defense.
The trial is not scheduled to begin until July.