President Donald Trump's close informal adviser Steve Bannon is no stranger to controversy. From being roped into the president's political problems to being accused of cryptocurrency chicanery, Bannon is frequently in the headlines and often faces court battles. Yet Trump's Justice Department has done its best to pull him out of any fires he finds himself in.
Now one judge is making that feat a lot harder for the MAGA DOJ.
"JUST IN: Surprise order from Judge Carl Nichols (Trump/DC) putting up some resistance to DOJ motion to wipe out Bannon's jury convictions for contempt of Congress," Politico's Josh Gerstein reported on X on Wednesday.
In his ruling, Nichols made it clear that the Trump Justice Department had failed to provide any concrete reason why Bannon should not be investigated for contempt of Congress.
"The Government's motion does not explain its motivations for seeking dismissal of the indictment and thus fails to meet Rule 48(a)'s procedural requirement," Nichols wrote. "The sole explanatory sentence in the motion reads: 'The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice.' ECF 207 at 1. But that is the kind of 'conclusory statement by the prosecutor' that the Court of Appeals has said is insufficient to justify a Rule 48(a) motion. Ammidown, 497 F.2d at 620; see also Adams, 777 F. Supp. 3d at 208 ('[A] district court abuses its discretion if it does not articulate its reasons for granting or denying leave, and it cannot discharge its duties properly unless the underlying motion accurately states the government's reasons for dismissal.')."
He added, "The Court will therefore deny the Government's motion without prejudice. The Government is free to submit a renewed motion that complies with Rule 48(a)'s requirements."
Perhaps one reason Trump is so invested in Bannon is that the far right talk show host is active in pushing for Trump to seek a third term. Even though the Constitution's 22nd Amendment strictly bars Trump from serving another term, both Trump and Bannon have said they want it to happen.
"With just 78 days to go before America's midterm elections," journalist Simon Marks wrote in the UK-based i Paper, "Steve Bannon — Donald Trump's on-again, off-again political adviser — is suddenly a deeply worried man. On Friday, (August 14), the president's political Svengali told viewers of his daily 'War Room' broadcast that he has looked at the state of play in the midterm election campaign and fears Republicans are destined to come up short. Citing figures showing that Democratic candidates are ahead — in some cases, comfortably ahead — in several key states, Bannon insisted the party is on the brink of what he termed 'a disaster… completely, an absolute debacle.'"
Marks added, "But Bannon insisted there is still a way of saving the Trump project. He urged Republicans in Congress to immediately double down on their support of the president, warning the party's leaders that they are now complicit in a looming electoral disaster."
"Bannon is one of several Republican strategists who believe the answer to the party's woes is more Trump, not a retreat from him," Marks concluded. "A self-confessed 'huge advocate of President Trump's third term,' Bannon also continues to maintain that a way will be found to circumvent the Constitution and keep Trump at the helm for another four years…. In recent weeks, Trump has referenced the possibility of seeking a third term. He also sidestepped a reporter's question about whether he would rule out the prospect of trying to secure one, despite it being against the U.S. Constitution…. For now, Democrats are watching with glee."
