Fox News legal analyst claims judge in Steve Bannon trial “invoked the wrong legal standard”
Published
Citation From the October 21, 2022, edition of Fox News' Hannity
GREGG JARRETT: The judge invoked the wrong legal standard on willful defiance of a subpoena. He relied on an outdated 61-year-old circuit court case, the premise of which has been repudiated and reversed by the U.S. Supreme Court. The correct and proper legal standard is that prosecutors have to prove the defendant knew his actions were unlawful, but if he believes, especially on advice of counsel and good faith that his actions are lawful he can't be held in contempt nor convicted.
It was folly for the prosecution, the Department of Justice to claim, "Well, there is no executive privilege here because Biden waived it and besides, Bannon wasn't at the time an employee." Both of those are fundamentally wrong. You know, if a subsequent president can waive the privilege of a prior president, that renders it meaningless, and the privilege does cover people outside of the administration.