“For the reasons set forth below, although the government does not object to administratively terminating Bannon in the situation or exonerating his bail, the government does oppose Bannon’s petition that the indictment itself be dismissed as to him,” Assistant U.S. Attorney Nicolas Roos composed in a two-page motion.
Before Trump pardoned off fraud and money laundering charges against him–but not those against his accused accomplices–Bannon was awaiting trial on allegations he pocketed $1 billion from a non-profit named We Assemble the Wall, which crowdfunded some $25 million and vowed that each cent would construct a barrier on the U.S. Mexico border.
The charity’s founder Brian Kolfage and other officers Andrew Badolato and Timothy Shea received no clemency and keep to await trail.
“Likewise, the Government has no objection to the Court entering an order exonerating Bannon’s bail,” the government’s letter says. “But, the government respectfully submits that the pardon given to Bannon isn’t a basis to dismiss the Indictment against him. A pardon”is’an executive action that mitigates or sets aside punishment for a crime. ”’
Citing the instance Nixon v. United States for this proposition, prosecutors italicized the punishment to emphasize that the pardon doesn’t wash away the grand jury’s allegations.
“The simple fact that Bannon was pardoned doesn’t extinguish the fact that a grand jury found probable cause to believe that he committed the offenses set forth in the Indictment, nor does it undercut the proof of his involvement therein which the Government expects to elicit as part of its presentation ,” their letter states. “Were the Court to dismiss the Indictment from Bannon, it could have a wider effect than the pardon itself, among other objects potentially relieving Bannon of particular consequences not covered by the pardon.”
One of the flurry of all second-order consequences, prosecutors itemized precedents finding a pardon didn’t wipe out the way that an indictment would affect a broker application, attorneys’ fees and licenses.
“Accordingly, because Bannon doesn’t put forth any legal authority for the proposition that a court should dismiss an indictment following a pardon, and the sole stated basis for his petition would be to”explain” his status, the court must deny the petition,” the letter states.
Prosecutors also requested that Bannon’s correspondence from Feb. 18, just 1 week ago, be registered on the public docket.
“Bannon’s counsel submitted the letter to the Court by email–and so effectively under sealbecause, in his view,’Bannon shouldn’t longer be a defendant in the case,'” the letter persists. “However, until the defendant is administratively terminated, he stays a named suspect and more important, Bannon’s standing in the instance is not a foundation to create his entry under seal.”
On Wednesday, CNN reported that a state criminal investigation against Bannon is heating up right across the road from the national court.
Bannon’s counsel did not respond to an email requesting comment.