Lisa Rubin is an MSNBC legal correspondent and a former litigator. Previously, she was the off-air legal analyst for “The Rachel Maddow Show” and “Alex Wagner Tonight.”
Before Steve Bannon’s trial, where he was convicted on two counts of contempt of Congress, he tried to use an “advice of counsel” defense, arguing that his lawyer had advised him that he could essentially blow off the House Jan. 6 committee’s subpoenas because Donald Trump would invoke executive privilege. That lawyer was Robert Costello, who has become better known lately as the only real defense witness at Trump’s hush money trial.
District Judge Carl Nichols, a Trump nominee who presided over the case, initially agreed to stay Bannon’s four-month sentence because he believed the case presented serious appellate issues. In particular, as Bannon recounted in a recent brief, Nichols noted his disagreement with a 1961 opinion by the U.S. Court of Appeals for the D.C. Circuit. Under that opinion, Licavoli v.
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