Bannon could avoid DOJ prosecution because it's 'too politicized' and 'uncomfortable': report
Breitbart.com CEO Steve Bannon speaks to '60 Minutes' (Screen capture)

It's "more likely than not" that the Department of Justice will file criminal contempt charges against Trump adviser Steve Bannon – but don't "bet the farm on it," according to Politico reporter Betsy Woodruff Swan.

Appearing on MSNBC on Friday night, Woodruff Swan provided an update on what's happened in the two weeks since the House voted to refer contempt charges against Bannon to the DOJ, for defying a subpoena from the Select Committee investigating the Capitol insurrection.

She said the most significant development since then has been the swearing-in of Matthew M. Graves as U.S. Attorney for the District of Columbia, after he was nominated by President Joe Biden.

"So now that office, which makes the decision as to whether or not to prosecute Steve Bannon, is headed by someone who is a political appointee who's been confirmed by the Senate," Woodruff Swan said. "It's possible that attorneys in that office were waiting to have Senate-confirmed leadership before moving forward on this issue regarding whether or not to prosecute Bannon."

"I've talked to just about every smart lawyer I know about whether or not they think the DOJ will bring charges against Bannon for contempt. Most but not all have said that they think DOJ will," Woodruff Swan added. "I've talked to a number of people who are smart, serious, normal lawyers who know this stuff inside out, who've said it's possible the justice department will decide it's too politicized, it's too uncomfortable, and they just don't want to bring the case against Bannon, so it's not a foregone conclusion that Bannon faces charges from DOJ. I think it's more likely than not, but I wouldn't bet the farm."

Watch below.


Betsy Woodruff Swan on MSNBCwww.youtube.com