The attorney representing Stephen K. Bannon, former White House Chief Strategist and host of War Room, has taken a significant legal step by filing a motion in the U.S. District Court.
The motion seeks to either reimpose bail pending appeal or impose supervised release for Bannon. R. Trent McCotter, a partner at Boyden Gray PLLC, emphasizes in the motion that any order short of a final decree can be revisited at the district judge’s discretion.
McCotter’s argument centers on the evolving developments in Bannon’s case that suggest a potential shift in the decision regarding his appeal before the D.C. Circuit Court.
Notably, Circuit Court Judge Justin R. Walker has reversed his stance on the original decision made on May 10 and has instead issued a full dissent from it.
This change of opinion by Judge Walker is highlighted by McCotter as a crucial legal issue for Bannon’s appeal and serves as grounds for reconsidering bail or supervised release.
Furthermore, McCotter points to the en banc appeal filed by Bannon on July 15, which led to the D.C. Circuit requesting a response from the Biden–Harris Department of Justice (DOJ) regarding the interpretation of “willfully” in 2 U.S.C. § 192.
The rarity of such a request from the court leads McCotter to assert that it signifies significant legal changes in Bannon’s case and indicates potential for reversal of the panel’s decision by the full circuit.
Additionally, McCotter highlights that even the Biden–Harris DOJ acknowledges having found only one case in all U.S. case law that defines “willfully” in a manner consistent with their interpretation.
Bannon’s attorney argues that this acknowledgment by the DOJ represents yet another substantial legal change warranting reconsideration of the bail ruling.
If successful, this could result in Bannon being released on bail while his ongoing legal appeals are being pursued.
Overall, McCotter’s motion presents compelling arguments based on recent developments in Bannon’s case and their potential impact on his appeal process.
The evolving stances of judges, rare court requests for clarification from government agencies, and acknowledgment of limited legal precedents all contribute to creating a strong case for revisiting bail decisions.
The outcome of this motion could have far-reaching implications for Bannon’s legal situation and underscores the complexity and fluidity inherent in navigating high-profile cases through multiple levels of judicial review.
While these recent developments may signal potential shifts in Bannon’s favor, it ultimately remains up to the District Court to decide whether to reimpose bail pending appeal or impose supervised release based on these evolving legal circumstances.
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