In a blow to Steve Bannon‘s legal defense against the contempt of Congress charges levied against him last fall, a federal judge ruled he cannot use an “advice of counsel” defense to justify bucking a congressional subpoena from the House committee investigating the Capitol riot.

U.S. District Judge Carl Nichols determined that a precedent set in Licavoli v. United States precludes Bannon’s attempt to argue he is shielded from criminal culpability for failing to comply with the subpoena because he was following a lawyer’s advice.