“The Defendant’s timing means that the one factor that has actually modified since he refused to adjust to the subpoena in October 2021 is that he’s lastly about to face the results of his choice to default,” Vaughn wrote.
“The entire above-described circumstances counsel the Defendant’s sudden want to testify isn’t a real effort to fulfill his obligations however a last-ditch try and keep away from accountability.”
In accordance with Vaughn, Clark contradicted a number of claims by Bannon and his protection crew, which had lengthy cited correspondence with Clark as the premise for Bannon’s competition that Trump had claimed government privilege over Bannon’s testimony and information.
As a substitute, Vaughn mentioned, Clark advised DOJ “that the previous President by no means invoked government privilege over any specific data or supplies; that the previous President’s counsel by no means requested or was requested to attend the Defendant’s deposition earlier than the Choose Committee; that the Defendant’s lawyer was misrepresented to the Committee what the previous President’s counsel had advised the Defendant’s lawyer; and that the previous President’s counsel made clear to the Defendant’s lawyer that the letter offered no foundation for complete noncompliance.”
Vaughn famous that DOJ offered Bannon’s crew with an FBI report of Clark’s interview on June 30, the day after it was performed. Two sources acquainted with Clark’s FBI interview mentioned the session lasted 45 minutes and was restricted to a dialogue of Bannon’s case. As well as, the sources mentioned, Clark didn’t talk about any of his conversations with Trump, which have been handled as attorney-client privileged.
Clark and Bannon lawyer Robert Costello didn’t instantly return a request for remark.
The Jan. 6 choose committee just lately revealed that Clark interviewed with them as nicely, elevating doubts concerning the Trump camp’s effort to ship false slates of electors to Congress in December 2020, a part of a multifaceted plan to strain then-Vice President Mike Pence to overturn the election.
Bannon’s attorneys indicated they have been conscious of Clark’s interview final week, citing it — with out figuring out Clark — as a cause to delay Bannon’s trial till October.
In a separate submitting, DOJ additionally rejected extra arguments by Bannon to delay his trial, together with a newly lodged argument that one of many prosecutors on the case, Molly Gaston, as soon as labored with a prime choose committee staffer, Kristin Amerling, on Capitol Hill and have been in a e-book membership collectively.
“In his effort to create panic, the Defendant additionally mischaracterizes the data the Authorities offered regarding Kristin Amerling,” Vaughn wrote. “Because the Authorities knowledgeable the Defendant on July 8, she and Ms. Gaston labored collectively over a decade in the past and have been in a e-book membership that Ms. Gaston has not attended in virtually two years. At no level did the Authorities characterize that Ms. Amerling and Ms. Gaston has a detailed private relationship, as a result of they do not.”