How Steve Bannon First Met Trump As He Faces Four Months in Prison After Appeals Court Upholds Congressional Contempt Conviction
Is Steve Bannon going to prison? When? Can he appeal? Where and when? Here is what you need to know about Steve Bannon's conviction, which was upheld by the Appeals Court today.
1- A federal appeals court upheld Steve Bannon's conviction for contempt of Congress, stemming from his failure to comply with a subpoena issued by the now-disbanded January 6 committee.
2—In 2022, Bannon was found guilty of failing to appear for a deposition and refusing to turn over subpoenaed documents, resulting in a four-month prison sentence and a $6,500 fine.
3- Bannon has seven days to appeal his conviction to the Supreme Court.
4—If his appeal to the Supreme Court is unsuccessful, he will serve four months in prison during this presidential cycle.
5- This means he might be in prison between June and September and come out around October, just weeks before the presidential election on November 5.
6—Bannon's attempt to introduce new arguments in district court was rejected because he raised them long after the deadline to respond to the subpoena had passed.
7—The court stated that a witness cannot defend against a contempt of Congress charge using an affirmative defense that was not raised when they were ordered to produce documents or appear.
8- Bannon is not the only close ally of Trump already going to prison or in prison.
9- The latest decision is part of ongoing legal setbacks for Bannon and former Trump adviser Peter Navarro, who failed to comply with a subpoena from the January 6 committee and is imprisoned.
10- The Supreme Court refused to intervene when Navarro sought emergency relief before beginning his four-month prison term.
11- For Peter Navarro, the court noted that substantial questions about executive privilege would require former President Trump to invoke such privilege, which he did not do.
12- Bannon could still request a full bench review from the appeals court or ask the Supreme Court to review his case, potentially delaying his prison term.
13- Remember that Bannon appealed his conviction by asking the court to reconsider how "willfulness" is evaluated in law, arguing that he had sought legal advice despite not complying with the subpoena.
How Steve Bannon First Met Trump
For those who don't remember how instrumental Bannon was in Trump's 2016 campaign and victory, read the excerpt below from Bob Woodward’s controversial book, FEAR.
In August 2010, six years before taking over Donald Trump's winning presidential campaign, Steve Bannon, then 57 and a producer of right-wing political films, answered his phone.
"What are you doing tomorrow?" asked David Bossie, a longtime House Republican investigator and conservative activist who had chased Bill and Hillary Clinton scandals for almost two decades.
"Dude," Bannon replied, "I'm cutting these fucking films I'm making for you."
The 2010 midterm congressional elections were coming up. It was the height of the Tea Party movement, and Republicans were showing momentum. "Dave, we're literally dropping two more films I'm editing. I'm working 20 hours a day at Citizens United," the conservative political Action Committee Bossie headed to churn out his anti-Clinton films.
"Can you come up with me to New York?"
"For what?"
"To see Donald Trump," Bossie said.
"What about?"
"He's thinking of running for president," Bossie said.
"Of what country?" Bannon asked.
"No, seriously," Bossie insisted. He had been meeting and working with Trump for months. Trump had asked for a meeting.
"I don't have time to jerk off, dude," Bannon said. "Donald Trump's never running for president. Forget it. Against Obama. Forget it. I don't have time for fucking nonsense."
"Don't you want to meet him?"
"No, I have no interest in meeting him."
Trump had once given Bannon a 30-minute interview for his Sunday afternoon radio show called The Victory Sessions, which Bannon had run out of Los Angeles and billed as the thinking man's radio show.
"This guy's not serious," Bannon said.
"I think he is serious," Bossie said. Trump was a TV celebrity and had a famous show, The Apprentice, that was number one on NBC some weeks. "There's no downside for us to go and meet with him."
Bannon finally agreed to go to New York City, to Trump Tower. They rode up to the 26th-floor conference room. Trump greeted them warmly, and Bossie said he had a detailed presentation. It was a tutorial. The first part, he said, lays out how to run in a Republican primary and win. The second part explains how to run for president of the United States against Barack Obama. He described standard polling strategies and discussed process and issues.
Bossie was a traditional, limited government conservative and had been caught by surprise by the Tea Party movement. "It was an important moment in American politics," Bossie said, "and Tea Party populism was sweeping the country. The little guy was getting his voice. Populism was a grassroots movement to disrupt the political status quo in favor of everyday people."
"I'm a business guy," Trump reminded them. "I'm not a professional ladder climber in politics. If you're going to run for president," Bossie said, "you have to know lots of little things and lots of big things." The little things were filing deadlines, the state rules for primaries, minutiae. "You have to know the policy side and how to win delegates."
"But first," he said, "you need to understand the conservative movement."
Trump nodded. "You've got some problems on issues," Bossie said.
"I don't have any problems on issues," Trump said. "What are you talking about?"
"First off, there's never been a guy win a Republican primary that's not pro-life," Bossie said. "And unfortunately, you're very pro-choice."
"What does that mean?"
"You have a record of giving to the abortion guys, the pro-choice candidates. You've made statements. You've got to be pro-life, against abortion."
"I'm against abortion," Trump said. "I'm pro-life."
"Well, you've got a track record that can be fixed," Trump said. "You just tell me how to fix that. I'm what do you call it? Pro-life. I'm pro-life, I'm telling you."
Bannon was impressed with the showmanship, and increasingly so. As Trump talked, Trump was engaged and quick. He was in great physical shape. His presence was bigger than the man and took over the room. A command presence. He had something. He was also like a guy in a bar talking to the TV. Street smart from Queens. In Bannon's evaluation, Trump was Archie Bunker, but a really focused Archie Bunker.
"The second big thing," Bossie said, "is your voting record."
"What do you mean, my voting record?"
"About how often you vote."
"What are you talking about?"
"Well," Bossie said, "this is a Republican primary."
"I vote every time," Trump said confidently. "I've voted every time since I was 18—20 years old."
"That's actually not correct. You know there's a public record of your vote." Bossie, the congressional investigator, had a stack of records. "They don't know how—no, no, not how you vote. How often you vote."
Bannon realized that Trump did not know the most rudimentary business of politics.
"I voted every time," Trump insisted.
"Actually, you've never voted in a primary except once in your entire life," Bossie said, citing the record.
"That's a fucking lie," Trump said. "That's a total lie. Every time I get to vote, I voted."
"You only voted in one primary," Bossie said. "It was like in 1988 or something in the Republican primary."
"You're right," Trump said, pivoting 180 degrees, not missing a beat. "That was for Rudy Giuliani ran for mayor in a primary in 1989. Is that in there? Yes."
"I'll get over that," Trump said. "Maybe none of these things matter. Maybe none of it matters."
If you're going to move forward, you have to be methodical.
Bannon was up next. He turned to what was driving the Tea Party, which didn't like the elites. Populism was for the common man, knowing the system is rigged. It was against crony capitalism and insider deals, which were bleeding the workers.
"I love that. That's what I am," Trump said.
"A popularist," he mangled.
"No, no," Bannon said. "It's populist."
"Yeah, yeah," Trump insisted.
"A popularist." Bannon gave up. At first, he thought Trump did not understand the word, but perhaps Trump meant it in his own way, being popular with the people. Bannon knew "Popularist" was an earlier British form of the word "populist" for the non-intellectual general public.
An hour into the meeting, Bossie said, "We have another big issue."
"What's that?" Trump asked, seeming a little more wary.
"Well," he said, "80% of the donations that you've given have been to Democrats."
To Bossie, that was Trump's biggest political liability, though he didn't say so.
"That's bullshit."
"There's public records," Bossie said.
"There's records of that?" Trump said in utter astonishment. "Every donation you've ever given, public disclosure of all political giving was standard."
"I'm always even," Trump said. He divided his donations to candidates from both parties. "You actually give quite a bit, but it's 80% Democratic. Chicago, Atlantic City. I've got to do that," Trump said. "All these fucking Democrats run all the cities. You've got to build hotels, you've got to grease them. Those are people who came to me."
"Listen," Bannon said, "here's what Dave's trying to say. Running as a Tea Party guy, the problem is, that's what they are complaining about, that it's guys like you that have inside deals."
"I'll get over that," Trump said. "It's all rigged. It's a rigged system. These guys have been shaking me down for years. I don't want to give. They all walk in if you don't write a check."
"There was a poll in Queens," Trump said. "An old guy with a baseball bat. You go in there and you've got to give him something, normally in cash. If you don't give him anything, nothing gets done, nothing gets built. But if you take it in there and you leave him an envelope, it happens. That's just the way it is. But I can fix that."
Bossie said he had a roadmap. "It's the conservative movement. Tea party comes and goes. Populism comes and goes. The conservative movement has been a bedrock since Goldwater. Second," he said, "I would recommend you run as if you were running for governor in three states: Iowa, New Hampshire, and South Carolina. They were the first three caucus or primary states. Run and sound local, like you want to be their governor. A lot of candidates made the huge mistake of trying to run in 27 states. Run three governor's races, and you'll have a really good shot. Focus on three. Do well in three, and the others will come."
"I can be the nominee," Trump said. "I can beat these guys. I don't care who they are. I got this. I can take care of these other things. Each position could be revisited, renegotiated. I'm pro-life," Trump said.
"Here's what you're going to need to do," Bossie said. "You're going to need to write between $250,000 and $500,000 worth of individual checks to congressmen and senators. They'll all come up here, look them in the eye, shake their hand. You're going to give them a check because we need some markers. You've got to do one on ones so these guys know, because later on that'll be at least an entry point, that you're building relationships," Bossie continued, saying, "this check is for you for $2,400. The maximum amount. It's got to be individual checks, hard money to their campaign so they know it's coming from you personally. Republicans now know that you're going to be serious about this."
"All the money," Bossie said, "was central to the art of presidential politics. Later, that's going to pay huge dividends. Give to Republican candidates in a handful of battleground states like Ohio, Pennsylvania, Virginia, and Florida. In addition," Bossie said, "you're going to have to do a policy book. You ought to do a book about what you think about America and these policies."
Bannon gave an extended brief on China and its successful efforts to take jobs and money from the United States. He was obsessed with the threat.
"What do you think?" Bossie later asked Bannon.
"I'm pretty impressed with the guy," Bannon said. "As for running for president? Zero chance. First off, those two action items, the fucker will not write one check. He's not a guy who writes checks. He signs the back of checks when they come in as payments to him. It was good you said that because he'll never write a check."
"What about the policy book?"
"He'll never do a policy book. Give me a fucking break. First off, nobody will buy it. It was a waste of time. Except for the fact that it was insanely entertaining."
Bossie said he was trying to prepare Trump if he ever did decide to run. Trump had a unique asset: he was totally removed from the political process. As they walked on, Bossie found himself going through a mental exercise, one that, six years later, most Americans would go through. "He'll never run. He'll never file. He'll never announce. He'll never file his financial disclosure statement. Right? He'll never do any of those things. He'll never win."
"You think he's going to run?" Bossie finally asked Bannon.
"Not a chance. Zero chance," Bannon repeated. "Less than zero. Look at the fucking life he's got. Dude, come on. He's not going to do this. Get his face ripped off," Bob Woodward writes in his controversial book, "FEAR."
Trump went on to win the presidency!