(Bloomberg) -- A federal judge rejected political strategist Steve Bannon's plan to argue he was justified in refusing to comply with a subpoena from lawmakers investigating U.S. Capitol riot because he was acting on the advice of his lawyer.
Bannon was charged with two counts of contempt of Congress for failing to appear at his deposition in October and failing to produce documents demanded by the House committee investigating the Jan. 6, 2020, insurrection. At trial, he had planned to argue that his refusal was legal under a claim of executive privilege.
U.S. District Court Judge Carl Nichols in Washington D.C. ruled that existing case law precludes an advise-of-counsel defense at trial. He rejected claims by Bannon's lawyers that the prohibition didn't apply because the case law doesn't involve claims of executive privilege.
Bannon, a top aide to former President Donald Trump during his first year in office, has pleaded not guilty to the charges and claimed the House committee probing the incident is illegitimate. He is scheduled to stand trial in July.
Read more: Trump and Jan. 6 Rioters Face Broad Legal Threat in New Year
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