From the Willard to Danbury Correctional: Steve Bannon Allegedly Joins the Conspiracy

One of Danbury’s Federal Correctional Institution’s most illustrious residents likely discovered on Wednesday that he had been promoted.

Steve Bannon is now P1, a feature player in Jack Smith’s latest description of Trump’s conspiracies to steal the election.

The initial description of Bannon in Jack Smith's immunity filing.

Bannon’s new prominence in Smith’s description has been noted by others. NYT noted it in a story on yesterday’s front page, cataloging at some length how Bannon’s described role in this has changed. WaPo noted it too, though with far less detail than NYT.

But Smith did more than simply talk about Bannon a lot.

He promoted him: right up into the group Smith says entered into a conspiracy with Trump.

A screen cap using red boxes to show that Steve Bannon, referred to as P1, is included among those referred to as “private co-conspirators.”

There are Rudy Giuliani (CC1), John Eastman (CC2), Sidney Powell (CC3), Ken Chesebro (CC5), Boris Epshteyn (CC6), and Steve Bannon (P1), listed as “private co-conspirators.” By contrast, even Mike Roman (P5), described as a co-conspirator when he was ginning up riots at Michigan’s TCF Center, is described in this introductory paragraph as an “agent,” along with Bill Stepien (P2), Justin Clark (P3), and Jason Miller (P4).

The distinction may be a legalism. The other P-labeled people mentioned in this paragraph were employed by Trump’s campaign, whereas none of the co-conspirators were. To admit the words and actions of those private lawyers and political operatives — the co-conspirators — under a hearsay exception, prosecutors need to persuade Judge Chutkan that they entered into an agreement to commit crimes together. That is, the designation may be about nothing more than making evidence readily admissible without having to call these people as witnesses at some hypothetical trial if SCOTUS ever lets Jack Smith have one.

But it must reflect a change in the way Jack Smith has come to treat Bannon over the last 14 months. The reason why Rudy and the others have “CC” labels, designating them as co-conspirators, is because they did in the original indictment. Those labels were retained with the superseding indictment to minimize confusion; even with Jeffrey Clark (formerly CC4) removed, Chesebro and Epshteyn retained their old numbers, 5 and 6.

Bannon didn’t even make it into the superseding indictment.

But he shows up in the Immunity filing at least nine times (where these incidents show up in the January 6 Report I’ve included links — a number of these details were already known).

  1. October 31: “He’s gonna declare himself a winner.” J6C (Originally sourced to MoJo)
  2. November 13: “Trump just fired.”
  3. December 13: Bannon resumes daily contact.
  4. December 14: Alternate electors. J6C
  5. January 2: “The Vice President’s role is not “ministerial.” J6C
  6. January 4: Pre-Pence Willard Hotel meeting, from which Rudy calls Trump.
  7. January 4: Post-Pence Willard Hotel meeting.
  8. January 5: “Fuck his lawyer.”
  9. January 5: Call with Trump before “All hell is going to break loose.” J6C

Prosecutors added a reference to Bannon’s explanation of the plan to declare victory on October 31. They described that Bannon knew, in real time, that Trump was going to fire his campaign staff and put Rudy in charge. For some reason they suggest Bannon fell out of regular contact for a month (remember that immediately after the election, Bannon — not yet pardoned out of his Build the Wall charges — threatened to put Chris Wray’s head on a pike), only to rejoin again on December 13, just as the fake elector plot was getting up and rolling. There were a number of famous comments that appeared on Bannon’s podcast, including the prediction, on January 5, that “All hell is going to break loose” on January 6.

And then there are two meetings on January 4, both before and after the effort to pressure Pence to throw out Joe Biden’s votes. In the meeting prior to that January 4 meeting with Pence, Rudy called Trump while they were meeting at the Willard. Trump was on the phone with the plotters in the Willard Hotel.

A screen cap showing that Rudy called Trump while the co-conspirators were meeting at the Willard Hotel.

The Trump conspiracy has finally reached the Willard Hotel.

To be clear, none of this means Bannon will be charged. The five remaining co-conspirators have been sitting out there for 14 months without being charged (though it doesn’t make sense to charge anyone until you ensure that Trump wouldn’t just pardon them out of their trouble, like he did the last time and already did once with Bannon).

Bannon’s inclusion as a co-conspirator may mean little more than that his communications are of some import to tell this story — perhaps his prediction that Trump would declare victory, perhaps his involvement in Trump’s decision to replace his campaign team with Rudy (remember that Robert Costello was involved in all this, building off the common purpose with the Hunter Biden “laptop”).

But those details could have come in via Boris Epshteyn. They’re captured in texts between the two (the delay in including Bannon could arise from a delay in reconstructing someone’s phone).

Where you’d need Bannon’s designation as a co-conspirator in particular is his prediction that, “all hell is going to break loose,” after his conversation with Trump.

Still that was all available back in August 2023, when this was first indicted. As noted, it was included in the J6C.

Which raises the question of whether Jack Smith has new information, perhaps about those two meetings at the Willard, bookending the January 4 attempt to pressure Pence. The filing describes that Rudy, Eastman, Epshteyn, and Bannon attended the meeting beforehand, from which Rudy called Trump; Rudy is not described to have attended the meeting afterwards. But that doesn’t rule out someone else attending those meetings, and some possible attendees have entered cooperation agreements in the state conspiracy cases (though Chesebro does not appear to have attended the meetings). Absent someone who attended the meetings cooperating, Smith might have little more from those meetings than business records from the Willard and calendars to prove they were all there (though he did get proffers from Rudy and Epshteyn).

The Federal conspiracy charges against Donald Trump have finally arrived at the Willard Hotel, and they brought along Steve Bannon as a co-conspirator.

Update: Added the screencap showing that Rudy called Trump while the co-conspirators were meeting at the Willard Hotel before the Pence meeting.

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15 replies
  1. JusticeofthePeace says:

    Paragraph after the list: “Wray — not yet pardoned out of his Build the Wall charges — threatened to put Chris Wray’s head on a pike)”. That first “Wray” should be “Bannon,” right?

    Reply
  2. P J Evans says:

    I think you mean Bannon here, right after the list of dates:

    (remember that immediately after the election, Wray — not yet pardoned out of his Build the Wall charges

    Reply
  3. earlofhuntingdon says:

    I think we discussed some time ago, wondered, really, whether Trump attended a few of those meetings via phone or some other link, such that he knew exactly what happened real time, but could legitimately say that he wasn’t there.

    Reply
  4. Chuffy sez says:

    Wasn’t Alito involved in the J6 coup attempt? I can’t seem to find it online, but I seem to remember that he was the guy who was supposed to validate the election being overturned in favor of DJT, but Pence didn’t play ball, so he wasn’t called upon…

    The Roberts Court sure seems corrupt, and if he’s trying to cover up the involvement of Thomas and Alito, he’s doing a pretty good job of it. It looks to me like Jack Smith is loaded for bear, and isn’t pulling punches wrt SCOTUS…maybe he’s got stuff that implicates them, too.

    Reply
  5. Savage Librarian says:

    Christina Bobb was at the Willard. She worked with Giuliani and others. In her wiki under the tab, “Involvement in attempts to overturn the 2020 presidential election” it says this:

    “Trump campaign director of election day operations, Mike Roman, had spoken with teams in seven states Biden had won who were focused on the effort to appoint false electors. Roman reported developments to Bobb, who then relayed them to recipients that included Giuliani, Jenna Ellis, Boris Epshsteyn and one-time Trump attorneys Joe diGenova and his wife Victoria Toensing.”

    https://en.wikipedia.org/wiki/Christina_Bobb

    Reply
  6. Estragon says:

    All roads lead back to the Willard. One wonders if Jack Smith can connect the dots from the Willard to the Comfort Inn Ballston, which for some reason was all I could think about listening to EW on the podcast today. If Trump loses and the pardons evaporate I wonder if one of the J6 choir might sing another tune about who knew what about the weps.

    Mike Roman “let them riot” is spookily similar to the (now excluded) comments from Jeffrey Clark: “well, Pat, that’s what the Insurrection Act is for.” They were all on the same page, singing from the same hymnal, so to speak

    Reply
  7. bgThenNow says:

    I’ve been reading legal analyses thanks to MW’s links in various posts about the official vs unofficial/private actions, and how they are being delineated in the Smith documents. I’m actually a bit amazed at the distinctions made by some of the players in one role or another/in meetings/activities etc. where there seemingly were efforts to draw some kind of line between the President and the Campaign throughout? Were some of these people actually acting as legit lawyers giving advise about the Hatch Act (one example) and drawing lines around some of this in real time? Considering all of the shenanigans, it seems improbable.

    I have focused on the fake electors from my state in which there was a kind of escape clause in the fake document, which apparently prevented our AG from charging them. I learned recently that one of the original legit electors, one of our richest citizens, who withdrew as an elector when Eastman came calling, is a graduate of Columbia Law. I guess he smelled a fish himself, not as I assumed, that it was his lawyers who advised him to get out. But he did not participate in the scheme, and maybe it was he who told the fakers they better put that escape language in the document.

    Apparently some of these clowns did try to play by the rules, to my surprise. Chutkin’s responses to Lauro indicate he is willing to put his reputation at risk, at the behest of his client. Roberts OTOH played along with Lauro, looking for his own way to manipulate the process.

    Thanks, so much Marcy and thanks also to the regulars who remind and fill information for those of us without the capacity to hold all the details otherwise.

    Reply
    • emptywheel says:

      Tom Marino?

      Yeah, there were ones and twos who backed out in several states. In MI, Teri Lynn Land, the former SoS, did.

      Reply
  8. AndTheSlithyToves says:

    Fell onto these two recent “Intercept” pieces mentioning this guy Mark Martin, who not only is connected to Trump but is also close to Sammy Alito. Just when I thought there was no new corruption to be exposed, yet another Christian Nationalist boil pops up and then explodes…
    https://theintercept.com/2024/10/02/mark-martin-trump-overturn-election/
    https://theintercept.com/2024/10/03/supreme-court-samuel-alito-law-mark-martin-trump/

    Reply

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