Hah!!
Steve Bannon is what would happen if you were born rich but always aspired to be a homeless alcoholic.
So far, he’s even failed at that.
Well, he’s got one down.
4 months in prison plus fine for contempt of congress.
time is on hold for appeal.
I kinda like that – sort of sword of Damocles hanging over his head for a while.
I can’t imagine what he thinks is worth appealing. He was served with a subpoena. He didn’t show up. He didn’t have a valid excuse. He was convicted. Where does he think the Court of Appeals will find error in this analysis?
Because! stamps foot
I guess he’s going to say his lawyer told him he couldn’t testify because he was covered by executive privilege. Even though I think most of what the committee was going to ask him about happened after he was out of the so-called administration. And the SC is probably going to rule in his favor, just my prediction.
“Mr. Bannon, you are a loyal soldier and therefore are incapable of being culpable. Go forth, holy crusader, and continue your quest.”
And if they won’t, maybe the Supreme Court will.
If it goes to the Supreme Court, my prediction is that one Justice will decline to hear the case or take it to the full court with no reasons given. Just “no”
I agree. there is nothing here. It’s like stating “I refuse to file tax returns,” and they you get convicted of failing to file tax returns.
I wonder if an appeal could result in MORE jail time for Bannon?
“Thank you for the appeal. We find that the 4 month penalty was too lenient, and sentence you to 12 months instead.”
No, the Court of Appeals can’t do that. (unless the Gov’t appeals the light sentence, but they also have no grounds)
Bannon lawyer, and former Trump impeachment lawyer, David Schoen says they have a “bullet-proof appeal” in the works. I’m not sure it’s a good idea to take him at his word.
Staunchly conservative Trump appointee has stayed Bannon’s sentence pending a “timely” appeal. That could mean anything. One thing working against Bannon is that Nichols has little patience for defendants before him, even Trumpers, publicly making a mockery of the justice system, and Bannon doesn’t know how to shut the fuck up.
Well, it has been a while for me, but I’m pretty sure an appeal must be filed w/in 60 days of judgment. Then there are set times for subsequent pleadings. They are all in the Federal Rules.
If they request oral argument, the timing of that is at the court’s discretion. And, of course, the court can issue their decision as quickly or as slowly as they wish.
Can the appealing party be granted extra time if they so request and the judge is the obliging type?
Well, a federal judge can do just about anything they want - subject to appeal. But I’m pretty sure deadlines such as this are pretty set in stone. They set the time at which the lower decision becomes final and unappealable. Which is one of the more basic concerns in litigation.
And all you have to do is file a notice of appeal - which you can withdraw later. And the courts of appeals can be very flexible in terms of briefing schedules.
Yeah, this is a highly unusual case. But this is one aspect in which I would not expect a federal judge to step in - whatever their persuasion. Moreover, the appeal is taken by the clerk of the court - not a judge. I don’t know of any kind of emergency appeal that could be filed later, but I’m no expert.
Finally, a party can file a motion with the district court to amend the judgment. I forget - a 59e or 60b? One of those tolls the time for appeal. But again, those have specific timelines after the judgment.
The Federal Rules for Civil Procedure and Appellate Procedure set all these rules out pretty clearly (well, if you are used to reading this sort of stuff.)
Criminal rules for this case. But that’s a nitpick
Thanks for the info. This is somewhat comforting.
I still feel like Steve-O is going to find a way to drag this out in hopes of getting a pardon upon change of administration before he spends a night in jail. And that that just might work.