This article is more than 2 years old.
Updated Apr 21, 2022, 08:12am EDT

Topline

Steve Bannon has hired one of former President Donald Trump’s attorneys, David Schoen, in his second impeachment trial to defend him in court, records show, as the ex-Trump advisor was taken into federal custody Monday after being indicted for contempt of Congress after refusing to comply with a subpoena from the House’s January 6 committee.

Key Facts

Bannon surrendered to the FBI in Washington, D.C., Monday morning ahead of an expected court appearance Monday afternoon.

Attorney David Schoen notified the federal district court early Monday that he is now representing Bannon.

The Alabama-based attorney previously defended Trump when he was impeached for his alleged role in the January 6 riot, arguing during the impeachment trial the charges against the president were “an unjust and blatantly unconstitutional act of political vengeance” by Democrats.

Schoen, an accomplished criminal defense and civil rights attorney, is also known for representing fellow one-time Trump associate Roger Stone after he was convicted on counts of obstruction, lying to Congress and witness tampering based on his role in Trump’s 2016 campaign—with Trump later commuting his sentence.

The attorney has also said he met with alleged sex trafficker Jeffrey Epstein in prison “a few days” before his death, and has told news outlets he doesn’t believe the disgraced financier died by suicide because Epstein had asked Schoen to lead his defense.

Schoen has not yet responded to a request for comment.

What To Watch For

If he’s convicted of contempt, Bannon could face a fine of up to $1,000 and up to a year in prison.

Key Background

Bannon was indicted by the Justice Department Friday on two counts of contempt of Congress after the Trump associate refused to comply with a subpoena issued by the January 6 Select Committee for testimony and documents related to the U.S. Capitol riot. Bannon had argued he wouldn’t comply with the subpoena because Trump directed him not to, saying the materials were protected by executive privilege, which the House committee did not accept as a valid excuse. The full House voted in October to hold Bannon in contempt as a result, which paved the way for the DOJ’s criminal charges.

Tangent

Trump, who previously pardoned Bannon before leaving office when he was indicted on separate charges, defended Bannon in a statement on Sunday, saying his indictment is evidence of the U.S. being a “radicalized mess.” “This Country has perhaps never done to anyone what they have done to Steve Bannon and they are looking to do it to others, also,” Trump said.

Further Reading

Steve Bannon Indicted For Contempt Of Congress After Refusing To Comply With Subpoena (Forbes)

House Holds Bannon In Contempt For Refusing Jan. 6 Subpoena — Criminal Charges Could Follow (Forbes)

Trump's impeachment lawyers have a history of being involved in controversial legal matters (CNN)

Trump Picks New Lawyers For Senate Trial: Former Attorney For Roger Stone, Ex-Pennsylvania D.A. (Forbes)

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