Bannon, 68, faces two counts of contempt of Congress after refusing to provide testimony or documents to the Democratic-led House Select Committee last year.
By mid-afternoon, 17 potential jurors had been deemed qualified to take part in the trial after being questioned by the lawyers for both parties, the objective being to reach 22. A jury of 12 people, with two alternates, will be selected to hear the case.
Bannon had unsuccessfully tried to persuade US District Judge Carl Nichols to delay the trial, arguing that the committee’s high-profile public hearings might make it more difficult to assemble an impartial jury.
The committee presented evidence last week that Bannon spoke with Trump at least twice the day before the January 6, 2021 attack. The committee also played a clip of Bannon saying on a right-wing talk show on January 5 that “all hell is going to break loose tomorrow”. Bannon made the comments after his first call with Trump, the commission said.
Nichols allowed a woman to stay on as a potential juror despite saying she watched the commission hearings, despite objections from Bannon’s defense. The judge noted that the woman indicated that she had not prejudged the case, adding that “the mere fact of media coverage is not sufficient” to exclude her.
A handful of people considered potential jurors expressed negative feelings toward Bannon and were excluded from the panel.
The commission plans to hold another hearing on Thursday evening, aiming to reach a large television audience. Bannon’s trial will likely still be ongoing at this time. Nichols said on Monday it could extend until next week.
Bannon argued that the material sought by the committee was protected by a legal doctrine called executive privilege that can keep certain presidential communications confidential.
Trump told Bannon this month that he renounced any claim of executive privilege.
Bannon backtracked this month and announced he wanted to testify before a public commission hearing, nearly 10 months after defying the subpoena. There is no indication that he intends to do so, as the commission would likely want him to testify in closed session first in order to cover a wide range of topics.
Nichols has decided that Bannon cannot use executive privilege as a defense and cannot claim that he relied on his attorney’s advice when he refused to testify or provide documents. Nichols left open the possibility that Bannon could come up with evidence of his recent offer to cooperate with the panel as a defense.
Trump supporters have attacked the Capitol in a failed effort to block Congress from officially certifying his 2020 election defeat to Democrat Joe Biden.
As a senior adviser to Republican Trump’s 2016 presidential campaign, who later served as chief White House strategist, Bannon helped articulate right-wing “America First” populism and fierce opposition to immigration. who helped define Trump’s presidency.
Bannon was charged separately in 2020 with defrauding donors of a private fundraiser aimed at supporting Trump’s plan to build a wall along the US-Mexico border. Trump later granted his Bannon pardon before that case went to trial.