How Big a Threat Is Steve Bannon?

On Monday afternoon, Steve Bannon confidently strolled out of a federal courthouse, in Washington, D.C., after surrendering to face charges of contempt of Congress. Released on his own recognizance, he was accompanied by an entourage that live-streamed his every move on Gettr, a social-media platform created by Donald Trump’s supporters. Immediately surrounded by two dozen reporters and camera crews, Bannon declared himself a victim of the “illegitimate Biden regime”; called for the fall of the Chinese Communist Party; predicted that congressional investigators would fail, as Hillary Clinton had in 2016; and said that, in refusing to speak to the House select committee investigating the events of January 6th, he was fighting for “free speech.” Bannon also invoked a conspiracy theory that career civil servants in Washington secretly plot against him, Trump, and other Republican officials, saying, “If the administrative state wants to take me on, bring it on. We’re here to fight this. We’re going to go on offense.” Then, encircled by lawyers, bodyguards, and the press, he made his way under a canopy of orange autumn foliage to Constitution Avenue, where a black S.U.V. was parked. A handful of anti-Trump demonstrators shouted “liar,” “scumbag,” “dirtbag walking,” and, repeatedly, “traitor.” Before stepping into the car, Bannon thanked the journalists, saying, “Really appreciate you guys coming out today.” A few hundred yards away, a flag fluttered on top of the U.S. Capitol.

Bannon’s statements, his demeanor, and his social-media live streaming were no surprise. He was employing the same circus-like tactics that date back to his tenure as Trump’s campaign chief, in 2016, and as White House strategist, in 2017. He appeared, above all, to be enjoying himself. Both before and after surrendering to the court, Bannon signalled that he planned to use the proceedings to cement his standing among Trump supporters. On Capitol Hill, some Democrats seemed satisfied, too. A staffer told me that Bannon’s defiance showed that the groups that tried to overturn the 2020 election are still active. “The threat to democracy continues. It hasn’t gone away,” the staffer said. “We’re seeing it in real time.”

The question, of course, is how the public will see the Bannon case. American democracy is entering a strange and perilous period. The U.S. Capitol has come under attack in the past. In 1814, when the building was still under construction, British forces set fire to it. In 1954, supporters of independence for Puerto Rico fired pistols onto the House floor from the public gallery, wounding five members of Congress. And, in 1971, the Weather Underground claimed responsibility for detonating a bomb, which heavily damaged the building, in an effort to force an end to the Vietnam War.

The January 6th attack on the U.S. Capitol is different, because it was conducted by backers of a sitting U.S. President who refused—and continues to refuse—to accept the results of the election that removed him from power. Last week, the ABC News reporter Jonathan Karl released audio of a March interview with Trump in which the former President defended his demands that Mike Pence reverse the results of the 2020 election. Asked if he ever feared for his Vice-President’s safety, as rioters chanted “Hang Mike Pence,” Trump replied no, repeated his false claims that the election was stolen, and blamed Pence for the violence. “It’s common sense, Jon,” Trump said. “How can you pass on a fraudulent vote to Congress? How can you do that?” A second Democratic Hill staffer said that such statements show why it is vital for the select committee to aggressively investigate the events of January 6th. “What choice is there?” the staffer asked. “They tried to kill the Vice-President of the United States.”

Legal experts say that Bannon’s case presents a dilemma for Carl Nichols, the federal judge hearing it. Bannon and other Trump allies who have declined to testify appear to be betting that Republicans will win control of the House in next year’s midterm elections. The House resolution that established the select committee expires when the current congressional term ends, on January 3, 2023. So “there is a real sense of urgency,” the first Democratic staffer said.

David Laufman, a former senior Justice Department official and federal prosecutor, told me that the length of federal criminal proceedings varies widely, but it would not be unusual for the Bannon case, from hearings to trial to possible sentencing, to take up to a year. Nichols, who is also overseeing the trials of accused January 6th rioters, can choose to accelerate the timetable of Bannon’s case if he decides that there is a “substantial federal interest” in doing so. At the same time, he must make it abundantly clear that Bannon will get a fair trial and be treated like any other American defendant; as Bannon demonstrated on Monday, he will eagerly seize upon anything to suggest that he is being prosecuted because of his political views.

One of Bannon’s first statements after he left the courthouse on Monday seemed to be directed to supporters watching his live stream. “Don’t ever let them take you off message,” he said. As Bannon’s case plays out in the months ahead, Americans will have to decide whether his theatrics are a threat to democracy, performative branding, or a mix of both. Laufman, the former federal prosecutor, said that there is a “substantial federal interest” in Bannon’s case proceeding as quickly as possible. He asked, “What can be of greater interest than an attack on the heart of democracy in the United States?”