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Federal prosecutors want Steve Bannon, a former top adviser to former President Donald Trump, to be sentenced to six months in prison for contempt of Congress, according to a recommendation filed Monday.

In addition to serving time, the government is seeking $200,000 in fines.

“For his sustained, bad-faith contempt of Congress, the Defendant should be sentenced to six months’ imprisonment – the top end of the Sentencing Guidelines’ range – and fined $200,000 – based on his insistence on paying the maximum fine rather than cooperate with the Probation Office’s routine pre-sentencing financial investigation,” prosecutors wrote in their court filing on Monday.

They said he did not fully comply with the probation office in their pre-sentencing investigation, writing that Bannon “freely answered questions about his family, professional life, personal background, and health. But the Defendant refused to disclose his financial records, instead insisting that he is willing and able to pay any fine imposed, including the maximum fine on each count of conviction.”

Prosecutors added: “The rioters who overran the Capitol on January 6 did not just attack a building – they assaulted the rule of law upon which this country was built and through which it endures. By flouting the Select Committee’s subpoena and its authority, the Defendant exacerbated that assault.”

Bannon was found guilty by a jury in July of two counts of contempt of Congress. His sentencing is set for Friday.

Bannon is seeking probation and is asking for the sentencing to be delayed pending his appeal.

“The ear of a sentencing judge listens for the note of contrition. Someone was convicted. Did they learn their lesson? This case requires something more. It involves larger themes that are important to every American,” Bannon’s lawyers wrote in a court filing on Monday.

“Should a person who has spent a lifetime listening to experts – as a naval officer, investment banker, corporate executive, and Presidential advisor – be jailed for relying on the advice of his lawyers? Should a person be jailed where the prosecutor declined to prosecute others who were similarly situated – with the only difference being that this person uses their voice to express strongly held political views? If the answer to any of these questions is no, then a sentence of probation is warranted.”

Prosecutors argued that once subpoenaed, Bannon’s lawyer sought an attorney for the former president to seek an assertion of executive privilege, “even though executive privilege could not possibly permit the Defendant’s total noncompliance.”

Bannon, the government said, received a letter saying privilege may be of issue but that the letter did not direct any specific document to be withheld because Trump’s attorney was not certain there were any privileged documents or information at all. The government added the former president “did not believe the Defendant had immunity from testimony.”

Prosecutors also revealed that before Bannon’s trial this summer, a last-minute offer to comply with the committee subpoena “had strings attached.”

“Namely, that it would require the committee and the Government to agree that if the Defendant complied with the subpoena, the Government would delay and ultimately dismiss his trial,” according to the new filing. The government got the information from an interview with a committee staffer on October 7.

Bannon sought Jan. 6 committee’s help in last-minute attempt to delay contempt trial

A lawyer for Bannon reached out to the January 6 committee just before Bannon’s contempt of Congress trial this summer seeking to convince the congressional committee to help delay and ultimately dismiss the trial, prosecutors said in the sentencing memo.

Bannon lawyer Evan Corcoran spoke to the committee’s top investigator, Tim Heaphy, asking whether the committee would join with Bannon’s lawyer in a request to dismiss the contempt trial if Bannon would comply with the panel’s subpoena by providing documents and testimony, Heaphy told FBI investigators in a voluntary interview last week.

Heaphy responded that Bannon’s team should reach out to the prosecutors, while declining to agree to join any effort.

“My takeaway is that Bannon knows that this proposal for a continuance and ultimate dismissal of his trial is likely a non-starter, which prompted him to call us to explore support as leverage,” Heaphy wrote in an email to House staff that was included in the sentencing memo. “I expect that DOJ will not be receptive to this proposal, as he is guilty of the charged crime and cannot cure his culpability with subsequent compliance with the subpoena.”

Prosecutors wrote in the sentencing memo that Bannon’s lawyer “made clear that the Defendant’s newfound cooperative spirit had strings attached.”

“When his quid pro quo attempt failed, the Defendant made no further attempt at cooperation with the Committee – speaking volumes about his bad faith,” the Justice Department wrote.

The sentencing memo also provided new detail about Bannon lawyer Robert Costello’s interactions with Trump’s counsel, Justin Clark, last year. Costello had written to the committee claiming that Trump was invoking executive privilege over Bannon’s testimony, citing a letter from Clark.

But Clark had told Costello that the letter did not claim executive privilege for Bannon. Clark told federal investigators he was “pissed” that Bannon’s lawyer had “completely misrepresented” to the committee what Clark had told him, federal prosecutors said in the sentencing memo.

Clark wrote in an October 2021 email to Costello that the letter he had sent “didn’t indicate that we believe there is immunity from testimony for your client. As I indicated to you the other day, we don’t believe there is. Now, you may have made a different determination. That is entirely your call.”

This story has been updated with additional reporting.

Source Article from https://www.cnn.com/2022/10/17/politics/steve-bannon-sentencing/index.html

Scaffolding and tarp surround the remnants of the equestrian statue of former President Theodore Roosevelt at the entrance to the American Museum of Natural History in New York City on Wednesday.

Mary Altaffer/AP


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Mary Altaffer/AP

Scaffolding and tarp surround the remnants of the equestrian statue of former President Theodore Roosevelt at the entrance to the American Museum of Natural History in New York City on Wednesday.

Mary Altaffer/AP

The American Museum of Natural History in New York City quietly began removing its controversial statue of former President Theodore Roosevelt on Tuesday night, in the final chapter of a saga that has stretched for nearly a year and a half. By Thursday, only scaffolding and tarp remained.

“The relocation of the Equestrian Statue from the front steps of the American Museum of Natural History began Tuesday,” a museum spokesperson told NPR over email. “The process, conducted with historic preservation specialists and approved by multiple New York City agencies, will include restoration of the plaza in front of the Museum, which will continue through the spring.”

The spokesperson added that such work is required to be conducted during nighttime hours for safety reasons and to minimize disruption to traffic and pedestrians. The statue will be stored in New York and prepared for long-haul shipping, and is expected to be transported to North Dakota in the next few weeks (more on that below).

The bronze statue — officially named “Equestrian Statue of Theodore Roosevelt”— has towered outside the museum’s entrance for some 80 years, and became a source of local and national debate in recent years. It depicts the former New York governor and 26th U.S. president sitting on a horse, flanked by two shirtless, unnamed men. One is Native American and the other is of African descent.

The statue was commissioned in 1925 to stand on the museum’s steps, since Roosevelt’s father was one of its founders and Roosevelt himself was a “devoted naturalist and author of works on natural history,” as the museum’s website explains.

But it adds that the design itself “communicates a racial hierarchy that the Museum and members of the public have long found disturbing.” Roosevelt’s legacy — especially his views on race and support for the eugenics movement — has also come under wider scrutiny in recent years.

The Theodore Roosevelt Equestrian Statue is shown in front of the American Museum of Natural History’s Central Park West entrance in New York City in 2020. The removal process began this week.

Timothy A. Clary/AFP via Getty Images


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The Theodore Roosevelt Equestrian Statue is shown in front of the American Museum of Natural History’s Central Park West entrance in New York City in 2020. The removal process began this week.

Timothy A. Clary/AFP via Getty Images

In 2017, a commission established by then-New York City Mayor Bill de Blasio evaluated the statue and several other controversial monuments on city-owned land. Members were divided on their recommendations, with half advocating for more research, half in favor of relocating the statue and several recommending the museum keep the statue in place but add signage with more information and context. The city went with the third option.

While the museum went on to open an exhibit about the statue’s history and contemporary reactions to it in 2019, the nationwide reckoning with racial injustice following the May 2020 murder of George Floyd made “abundantly clear that this approach is not sufficient,” as officials put it in June of that year.

The protests brought renewed scrutiny to monuments depicting Confederate generals and other symbols of white supremacy across the country, many of which have since been removed.

The museum said in a statement that it had asked the city, which owns the statue, to remove it from their property.

De Blasio was quick to convey the city’s support, telling NPR at the time that it was “the right decision and the right time to remove this problematic statue.” (Notably, then-president Donald Trump publicly disagreed.)

Theodore Roosevelt IV, a museum trustee and great-grandson to the former president, also gave his blessing. Noting its long association with the Roosevelt family, the museum said at the time that it would remain the site of the state’s memorial to the former president, and would name its Hall of Biodiversity after him in honor of his conservation work.

A year later, in June 2021, the New York City Public Design Commission unanimously approved the relocation of the statue, saying it would finalize details in the coming months. In November, the Theodore Roosevelt Presidential Library Foundation announced an agreement with the city for the “long-term loan and reconsideration” of the statue at its new presidential library, which is set to open in Medora, N.D., in 2026.

“The board of the TR Library believes the Equestrian Statue is problematic in its composition. Moreover, its current location denies passersby consent and context,” it said in a statement. “The agreement with the City allows the TR Library to relocate the statue for storage while considering a display that would enable it to serve as an important tool to study the nation’s past.”

The library said that, with the support of Roosevelt family members, it will establish an advisory council composed of historians, scholars, artists and representatives from the Indigenous, Tribal and Black communities “to guide the recontextualization of the statue.”

This story originally appeared in the Morning Edition live blog.

Source Article from https://www.npr.org/2022/01/20/1074394869/theodore-roosevelt-statue-removal-natural-history-musuem