U.S. District Court Judge Carl J. Nichols, the same judge, who sentenced Stephen K. Bannon to jail for four months and a $6500 fine, on Monday, ruled that Bannon will not go to jail pending his appeal.
The court found that Bannon is “not likely to flee or pose a danger to the safety of any person or the community if released,” and “his appeal is not taken for the purpose of delay but rather raises a substantial question of law that is likely to result in a reversal or an order for a new trial.”
Leading up to Bannon’s trial, Judge Nichols made a series of rulings that limited Bannon’s defense. The judge ruled that Bannon’s defense team could not argue that executive privilege excused his refusal to sit for questioning or turn over records subpoenaed by the House January 6 committee.
The judge also prevented Bannon from arguing that he was following the advice of his lawyer when he did not comply with the House January 6 panel’s subpoena. During this ruling, Judge Nichols stated that he was bound by a 1961 appeals court ruling that took the so-called “advice of counsel” defense off the table in contempt of Congress cases.
Bannon did not testify during his trial nor did any witnesses testify on his behalf.