Steve Bannon facing 50/50 chance of getting prison time thanks to his 'braying': expert

Stephen K. Bannon’s conviction today by a federal jury for contempt of Congress carries a higher-than-usual prospect for prison time thanks to his arrogant conduct outside the courtroom, a top law professor told Raw Story today.

Bannon was found guilty of two misdemeanor counts by a federal jury in U.S. District Court in Washington D.C. Each count carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of $100 to $100,000.

In an exclusive interview, Mark Osler, a former federal prosecutor and a national expert on sentencing, said it’s uncommon for defendants to get prison time for misdemeanors. But he said Bannon may well be an exception.

“The overwhelming majority of misdemeanors result in sentences of probation,” Osler said. “But I’d say it’s 50/50 as to whether Bannon gets prison time because of all the braying he has done. Judges don’t like that.”

Osler, a professor at the University of St. Thomas Law School in Minneapolis, said the high-profile nature of Bannon’s case could be a key factor.

“All misdemeanors are not created equal and this is an interesting case – as it should be – because of the national interest and Bannon’s behavior,” Osler said. “I’d say if he does get time – and he might – it would more than likely be somewhere between one and six months. This is the kind of case where there could happen.”

Osler said Bannon’s pardon by former president Donald Trump would wipe out any prior convictions, which otherwise would have factored into the federal sentencing guideline analysis of the case.

Bannon, 68, was found guilty of one contempt count involving his refusal to appear for a deposition and another involving his refusal to produce documents, despite a subpoena from the House Select Committee to Investigate the January 6th attack on the U.S. Capitol, according to the Department of Justice.

“The subpoena to Stephen Bannon was not an invitation that could be rejected or ignored,” said Matthew M. Graves, U.S. Attorney for the District of Columbia. “Mr. Bannon had an obligation to appear before the House Select Committee to give testimony and provide documents. His refusal to do so was deliberate and now a jury has found that he must pay the consequences.”