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STATEMENT FROM STEPHEN K. BANNON'S ATTORNEY, DAVID I. SCHOEN
The following is a complete and unedited statement from an attorney for Stephen K. Bannon, David Schoen, regarding the announcement from the Court of Appeals on May 10, 2024: READ IN BROWSER
The Court of Appeals panel held today that it does not have the authority to overrule the 1961 panel of the Court that issued the decision in the Licavoli case on the definition of the word "willfully" as used in the Contempt of Congress statute. Mr. Bannon will now seek redress before the full Court of Appeals, which has the authority to overrule Licavoli.
There are many fundamentally important constitutional issues at stake in this case. Today’s decision is wrong as a matter of law and it reflects a very dangerous view of the threshold for criminal liability for any defendant in our country and for future political abuses of the congressional hearing process.
The Department of Justice argued before the Court that this panel did not have the authority to overrule the Licavoli panel's decision - only the full Court sitting en banc can do that. The DOJ should support a petition for rehearing en banc to have the full court review this important issue of law. As the trial court judge wrote earlier in this case. The Court's definition in Licavoli is " not consistent with modern case law surrounding the use of that term, let alone the traditional definition of the word." The full Court of Appeals should make that clear and correct the Licavoli panel's error.
When Steve Bannon’s lawyer, Robert Costello, received a subpoena for Mr. Bannon to testify before the January 6 committee and he received a direction from President Trump that the he was invoking Executive Privilege with respect to the subpoena, Mr. Costello did two things:
He advised Mr. Bannon in no uncertain terms that he was not permitted as a matter of law to in any way respond to the subpoena - that executive privilege had been raised and that it was not his privilege to waive; and
Mr. Costello wrote to the committee and told them that Mr. Bannon would fully comply with the subpoena if the the committee worked out any privilege issues with President Trump or they took the matter before a court and the court ordered Mr. Bannon to comply. Mr. Bannon was charged with “willfully making default” in response to a congressional subpoena.
In America, we do not criminally prosecute, let alone convict and send to prison people who not only don't believe their conduct to be wrongful or in violation of the law, but, as in this case, people who follow the advice of their lawyers who tell them that the law does not permit them to comply with a congressional subpoena when Executive Privilege has been invoked. President Trump expressly confirmed to the trial court in writing that he had indeed invoked Executive Privilege with respect to the subpoena Mr. Bannon received.
For decades and, as reaffirmed in the last few years in decisions from the United States Supreme Court, a clear jurisprudential principle has been that “willfully” for purposes of criminal culpability requires a defendant to have acted in a manner he or she knew was wrong and violated the law. The Court of Appeals panel that issued this decision today found that it was bound by a 1961 decision called Licavoli which held that in the context of the congressional contempt statute “willfully” doesn’t require a belief that the conduct is wrong; rather all that matters is whether a subpoena was issued and the recipient complied with it. Licavoli did not involve executive privilege.
Long-standing constitutional principles, exhaustively recognized and identified by the Department of Justice for decades in binding opinions, make clear that any such definition when executive privilege has been invoked, violates the fundamental doctrine of separation of powers. It is the President’s or a former President’s prerogative to determine when and over what to invoke executive privilege and only a court, not a committee issuing the subpoena, can be the arbiter of whether executive privilege applies and how far its breadth extends.
Mr. Costello asked the committee to let a judge decide; they had no interest. The committee only wanted the political mileage it thought it would get for pursuing contempt.
It is unconscionable to hold a private citizen criminally liable for responding to a subpoena in the manner his lawyer told him is the only manner the law permits and especially when a constitutional principle like executive privilege is involved. The panel today held that it is bound by the 1961 Licavoli decision, notwithstanding the construction given to the word “willfully” in the criminal law context, which for decades clearly has required some determination that the defendant believed his conduct was wrong.
The trial judge in this case expressly wrote that the Licavoli definition cannot be reconciled with either the traditional or the modern definition of “willfully” but that his hands were tied by the precedent which he could not overrule. Similarly, this panel held, as the prosecution had argued, that it does not have the authority to overrule the Licavoli panel and is bound by it. That is why all parties should agree that the full Court of Appeals should hear this case sitting en banc.
The government convinced the trial court to bar Mr. Bannon from putting before the jury any evidence as to why he responded as he did to the committee subpoena. Interestingly, even in Licavoli, the jury was permitted to hear the Defendant's story. The jury in Mr. Bannon's case was prohibited from hearing that he followed his lawyer’s orders and what those orders were. He was barred from putting on any defense, while the prosecution was permitted to argue to the jury that Mr. Bannon simply ignored the subpoena because he thought he was above the law. They knew he had not ignored it and they knew his lawyer had told him the law didn’t permit him to comply; but the jury never knew either.
It also troubling that the Court endorsed the holding in this case that Mr. Bannon could not raise challenges to the multiple violations of the Rules of the House of Representatives from the formation of the 1/6 Committee through its decision to hold Mr. Bannon in contempt.
Every American subpoenaed to testify before Congress ought to be able to depend on a fair hearing before a fairly constituted body. Speaker Pelosi violated the House Rules and protocol and the trust of the American people when she formed the 1/6 committee as she did.
This was promised as an “investigative” committee into the events of 1/6; but she appointed as its Chair, Rep. Benny Thompson who filed a lawsuit alleging that he was personally injured by the events he was supposed to be investigating and placing blame for those events before any investigation even began.
The committee was filled with political partisans who regularly held press conferences announcing their opinions again without conducting any investigation. House Rules were unabashedly violated in the subpoena process all with impunity. The violations struck at the very heart of the integrity of the process as recent findings in the House have exposed; but this court has said it won’t consider any of these violation in connection with Mr. Bannon’s subpoena. The DOJ asked the court to decline to consider the violations and the court agreed. We believe a full review would have well served the country.
There are additional issues of constitutional dimension that were raised on appeal that we will also ask the En Banc Court to consider based on their direct conflict with other authority from this Court and the United States Supreme Court. That is the next step.
David I. Schoen
Attorney at Law
Saucy Sauce: https://warroom.org/stephen-k-bannons-attorney-statement-regarding-court-of-appeals-decision/
If you still believe in the Q plan give yourself a pat on the back! Through the extreme circumstances we are in, so many have given up due to fatigue. It takes a great amount of radical faith to hold onto hope for as long as you have.
We have been in the midst of great change and trial. Every human being on Earth is an observer of the current process of the fall of the Cabal. To the few who are aware of how serious this moment in time is - enjoy the process.
While the burden is strong, and often times it feels like it will never end, there is a light at the end of the tunnel. In this light is the truth that nothing will ever be the same. You won't come out of this journey the same person.
Of all the times in human history to be alive - God chose you for now. You are alive for one of the most consequential moments in the story of Good verses Evil. You could have been sound asleep and blissfully unaware. But instead you are activated and battle hardened. This is a true honor! WWG1WGA
Martin Geddes in the UK
twitter copypasta follows…
The Cabal's initial plan was to shut down the world for over 10 years while they prepared sufficient reserves of bioweapon injections.
They would then introduce “fully tested and approved vaccines” and make them 100% mandatory.
The planned ten-year shutdown, economic collapse, martial law, and food and energy shortages would kill hundreds of millions of people through disease and hunger.
Then the injections would wipe out most of the remaining weakened population.
The Cabal's goal was to reduce the world's population to 500 million, as stated in the Georgia Guide Stones.
This is all part of their Great Reset program to create a communist new world order, where everyone is hunted, monitored, injected and completely dependent on the State (according to the CCP model).
The CCP and the Cabal have infiltrated most governments and corporations around the world. They control major media outlets and world leaders through corruption, blackmail, honeypots, etc.
They also control major global organizations such as the WHO, IMF, World Bank, etc. to ensure that the entire world adheres to his speech.
But President Trump has surpassed them. He knew the enemy's game plan, so he used Operation Warp Speed to force them to accelerate their plans and deploy the Pandemic before they were ready.
The cabal could not demand their experimental injections because they had not completed long-term testing and approval.
He didn't have enough supplies to inject everyone with the bioweapon, so most people were given saline.
With the "vaccine" quickly available, this thwarted the cabal's plan for a ten-year global blockade.
President Trump also spent his first term dismantling trust in the mainstream media.
He provoked the cabal by relentlessly attacking them with made-up stories that always ended up being exposed as fake news.
Trust in the mainstream media has never been lower.
At the same time, President Trump has encouraged alternative/independent media.
This strategy, along with the Patriot Intelligence Board project, means that enough people can now see through the MSM propaganda, ensuring that the Cabal's narratives have become untenable.
Cabal leaders prefer to hide in the shadows, but as the pandemic unfolded before they were fully prepared, they were forced into the spotlight. His plan was exposed to an increasingly awakened population.
President Trump saved the lives of billions of people and put globalist leaders center stage where we can all see them.
He made them believe they had gotten away with stealing the election and put P-Pete, a senile child tracker, in the spotlight to further weaken the Democratic Party.
President Trump took these actions to SHOW people what life would be like under a global fascist/communist dictatorship.
Under P-Pete we have experienced inflation, recession, food and energy shortages, record gas prices, baby formula shortages, war in Ukraine, stock market collapse, chaos in Afghanistan, etc.
We have seen how the cabal suppressed remedies like HCQ and ivermectin. We saw how the cabal suppressed cures like HCQ and ivermectin, and how they unleashed the China virus with the help of the CCP in Wuhan.
We saw how they forced infected people into nursing homes to increase the number of deaths.
👉🏻 https://twitter.com/QFs_Global/status/1789211345071788529?t=JesusChristIsKing&s=19
We often talk about people reaching, "the precipice."
The precipice is not a precipice; not a singular thing. It is different for everyone.
What drives us to insist on something better is to come to the realization that our current circumstances are not acceptable.
There are ugly things that need to see the light of day. Everyone needs to come to that moment when they are fed up.
Everyone reaches that moment for different reasons, but everyone will reach that moment.
Instead of making us powerless, reaching a precipice makes us powerful. We decide to act instead of being acted upon.
The noise is getting hard to bear, but in the end, those who have the courage to say enough is enough and act to affect change will find the outcome to be incredibly uplifting.
We are sovereign souls, the children of God Almighty. Our joy is to be found in using our free will to act in ways that elevate us. Sometimes we just have to be pushed out of the nest before we decide to fly.
Many people are reaching their precipice. It is nearing time to soar.
Stay comfy.
Martin Geddes
Has anyone tried topical ivermectin on plants? In Florida we battle many bugs and fungi. Really wondering if this might be a miracle alternative to chemicals.
