A federal judge dismissed a pending indictment against Steve Bannon, saying the pardon dealt by former President Donald Trump will stand whether or not the defendant is innocent.
Prosecutors with the Manhattan U.S. attorney’s office asked to keep the federal fraud charges against the former White House chief strategist despite the pardon, but U.S. District Judge Analisa Torres ruled in favor of Bannon’s request to dismiss the indictment on Tuesday.
“The majority of courts, when faced with such a decision, have chosen to dismiss an indictment, particularly when a defendant has moved for dismissal,” she wrote. “The Court concludes, therefore, that the pardon is valid, and that dismissal of the Indictment is the proper course.”
MAGA MASTERMIND STEVE BANNON GETS PARDON IN BORDER WALL FUNDING CASE
Still, Torres suggested Bannon may not be innocent, saying pardons are predicated on forgiveness.
“Of course, ‘a pardon does not, standing alone, render [a defendant] innocent of the alleged … violation,'” the ruling continued, later noting: “To the contrary, from the country’s earliest days, courts, including the Supreme Court, have acknowledged that even if there is no formal admission of guilt, the issuance of a pardon may ‘carr[y] an imputation of guilt; acceptance a confession of it.’ … This venerable practice remains true in the twenty-first century.”
Trump pardoned Bannon, who faced charges related to fraud stemming from his involvement in an alleged “We Build the Wall” scam that raked in hundreds of thousands of dollars from unsuspecting donors, on his final day in office in January.
“President Trump granted a full pardon to Stephen Bannon. Prosecutors pursued Mr. Bannon with charges related to fraud stemming from his involvement in a political project. Mr. Bannon has been an important leader in the conservative movement and is known for his political acumen,” a White House statement said at the time.
Audrey Strauss, the acting U.S. attorney for the Southern District of New York, unsealed indictments in August for Bannon and three others who led a fundraiser that amassed $25 million purportedly earmarked for border wall construction. The four men were accused of siphoning off cash for personal enrichment, and they were arrested and charged with one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering apiece, each of which could have resulted in up to 20 years in prison.
Bannon, 67, pleaded not guilty that summer, claiming the charges were a “political hit job,” and was released on bond while awaiting trial. He was the former head of Breitbart News and CEO of Trump’s presidential campaign before serving as a chief strategist in the White House for much of 2017.
In August, Trump distanced himself from Bannon following news of his arrest aboard a $24 million yacht owned by Chinese billionaire Guo Wengui, who has been accused by the Chinese government of committing fraud, blackmail, and bribery and is currently a fugitive living in the United States. Guo has denied the allegations.
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“As everyone knows, President Trump has no involvement in this project and felt it was only being done in order to showboat and perhaps raise funds,” White House press secretary Kayleigh McEnany said at the time, adding, “President Trump has not been involved with Steve Bannon since the campaign and the early part of the administration, and he does not know the people involved with this project.”
In the lead-up to the pardon, Trump and Bannon had developed a tumultuous relationship. Bannon was quoted calling some of the actions of the Trump campaign potentially “treasonous,” and Trump criticized Bannon as “Sloppy Steve.”
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