Judge Cornelia Pillard grilled an attorney for Steve Bannon about why his client should avoid jail after being found guilty of violating a congressional subpoena from the Jan. 6 Committee.
At an appeals court hearing on Thursday, Pillard doubted the validity of the defense that lawyers told Bannon he could not comply with the subpoena because the president asserted executive privilege.
"The privilege is presumptively valid," an attorney for Bannon insisted during the hearing.
Pillard quickly shot down the attorney.
"Well, it's just, that's so broad to say it's presumptively valid, even at its broadest where [Office of Legal Counsel] has written, for example, that a former senior official can assert an absolute testimonial immunity," the judge said. "It only covers communications within the scope of that former senior official's service in the White House."
"And none of the conducted issues here was during Mr. Bannon's service in the White House, was it?" she asked. "None of it."
"Right, Judge," the attorney admitted. "It was during the presidency."
"But not during Mr. Bannon's service," Pillard emphasized.
"Correct, your Honor," the attorney replied.
