this is david schoen representing donald trump in trump's second impeachment trial.mp was inevitably acquitted by the republican senate thank you mitch mcconnell but a majority of senators including seven republicans did vote to convict him. trump's defenders got him the most bipartisan senate vote to convict a president in american history. david schoen also represented trump ally roger stone when stone was charged with seven felony counts of lying to congress, obstruction, witness tampering in the russia investigation. roger stone was convicted on all seven of the felony counts. that didn't work out great even if he did later get a trump pardon. david schoen was also taking on the case of convicted child sex trafficker jeffrey epstein until epstein killed himself in prison. so steve bannon's new lawyer has quite the track record. that is one thing to know as this case goes forward. the other thing to watch, though, is how aggressive it appears steve bannon is planning to be on this matter. he told reporters today that he's going on offense against the january 6th i

. >> david schoen will be on the show later talking to brianna.you have reporting on whose idea it was to get him -- and he was one of trump's impeachment lawyers in february, second impeachment lawyers. whose idea was it to get him connected to bannon? >> i don't know whose idea it was. i have reporting that trump asked schoen to get involved in this, and schoen said yes. schoen, who did trump's impeachment, the second one, would not have been involved if trump had not wanted him to. trump is, you know, giving him this nudge and asking him to take the case, telling you where trump is in terms of bannon. trump over four years has been all over the map on steve bannon. recently, he's turned into a supporter of his, as bannon has been more vocally supportive of trump. and so i think that is what you're seeing. what it means for the privilege fight, i don't think we can take a guess at that. i do think people read into that. >> how much time we got? i want to know if i can play the full -- okay. chris christie, i want to play a little sound of chris

. >> reporter: the 67-year-old podcasts hope was represented by a new lawyer, david schoen, who also defended president trump during the second impeachment trial. >> this thing was a scam from the beginning. it is outrageous that a criminal charge was brought in this case. >> reporter: the select committee believes bannon had specific knowledge and was in touch with the former president in the runup to the capitol riot. >> all hell is going to break loose tomorrow. >> reporter: the panel has issued nearly three dozen subpoenas and is threatening contempt charges against former white house chief of staff mark meadows after he skipped a deposition last week. committee member stephanie murphy. >> the committee will move as quickly as possible because there's a lot of information that we're trying to gather. >> reporter: the select committee could move forward with those contempt charges against mark meadows as soon as this week. as for steve bannon, he's scheduled to be arraigned thursday. norah. >> o'donnell: nikole killion, thank you. tonight a jury in kenosha, wisconsin is expected t

david schoen, appreciate it. >> yes, ma'am. thank you.abama, in a row. >> john? >>> all right, i want to bring in senior legal analyst elie honig. elie, i want to talk about some of the legal defenses just offered by the counsel right there. but, first, i want to focus on what i thought was actually pretty major concession by david sc schoen, he thinks it possible that there are conversations steve bannon had that wouldn't be covered by executive privilege and we know steve bannon had many of those conversations, correct? >> i think that was a significant concession. we know for virtual certainty that steve bannon was in communication with people who never worked in the executive branch around january 4th and 5th people like rudy giuliani, john eastman, bernard kerik, they were all in that war room together and we know there is no legitimate argument and i think he just acknowledged, there is no possible argument that conversations between two people not then in the executive branch would be covered by executive privilege. there would be

he is david schoen, not doug.ture you're looking at we'll take our final break and when we come back, we will tell you how history was made today. >>> last thing before we go tonight, joe biden turned 79 exactly two minutes from now and on his last day as a 78-year-old, he had his annual physical at walter reed today, a five-hour-long physical, bottom line, president's doctor pronounced him healthy and vigorous and, quote, fit to successfully execute the duties of the presidency to include those as chief executive, head of state and commander in chief. that's saying something. he weighs 184 pounds, most americans would kill for his blood pressure which is 120 over 70. everything checked out and has a few deficiencies that has actually helped to explain what we tv viewers have noticed about him of late. his frequent throat clearing and occasional coughing due to acid reflux. his gait which has gotten stiffer of late. his strides have grown shorter. that is attributable to his broken foot a year ago, age related sti

after today's hearing, he and his lawyer david schoen win, who represented trump you'll recall, in the second impeachment trial, went on the attack. this >> is gonna be the misdemeanor from hell, for merrick garland, nancy pelosi, and joe biden. joe biden ordered merrick garland to prosecute me from the white house. if the administrative state wants to take me on, bring it. we're here to fight this. you stand by you see how we're gonna go on outfits. >> it is outrageous -- it was instructed to by his attorney not to show up to congress. this -- has to follow's attorneys love vice, in my view at least. >> maggie haberman of the new york times posted tonight that trump had asked his form an impeachment lawyer to take bannon's case. there was a big lie in what bannon just said there, and indeed tonight, the white house denied that biden had destructed the justice department to prosecute him. >> the decision to bring these charges against mr. bannon was made exclusively by the justice department, the president had nothing to do with it. we are an independent justice department, that makes

he's being represented by a man named david schoen, who was a lawyer for president trump in his second impeachment trial. these are interesting charges that carry a minimum of 30 days and a maximum of a year in jail. if convicted, he would have to serve some time in jail. and there's some confusion as to the fine in this case. by some accounts, it's $1,000, by another, it could be up to $100,000. but this is the beginning of a long process for steve bannon here, as this prosecution for contempt of congress plays out. a rare move by the justice department to bring a case like this, but attorney general merrick garland says this is about the rule of law. you can't just flout the will of congress the way steve bannon has done, the ag said, jose. >> reporter: and the january 6th committee says this indictment should serve as a warning to other trump officials considering defying their subpoenas. does something like this tend to get people to reconsider their actions and cooperate? >> oh, i think so. a big part of the decision making at the justice department when bringing charges is what w

we found out today his lawyer is a man named david schoen, who represented president trump in his second impeachment trial. it's worth noting that it's very rare that the justice department brings a contempt of congress. there have only been a few over the last 30 years, and that's mainly because the doj is generally reluctant to get in the middle of political disputes between congress and the executive branch. this case is difference. this grand jury handed down this indictment on friday and in announcing it, this is about the rule of law. steve bannon has flouted the express will of congress, citing executive privilege. he was not a government employee during the time in question. they want to talk to him about his meetings at the willard hotel in the so-called trump war room on january 5th, the day before the january 6th attacks, and want to ask why he was saying on his radio show that all hell was going to break loose on january 6th and he's flatly refusing to comply. he is now going to face justice in the courthouse behind us. these are charges that are misdemeanor charges that carr

after today's hearing, he and his lawyer david schoen win, who represen

he's represented by david schoen who viewers may remember was one of the lawyers for donald trump inchment trial, and look, this is the beginning of a long legal saga for bannon. this case could take as long as a year. these charges carry a penalty of a minimum of 30 days in jail and a maximum of a year per count along with a fine, but what this means, andrea, is that in all likelihood, unless steve bannon decides to cave and cut a deal, the committee will not have his testimony because the calendars just don't match up here. this criminal trial will take some time and the select committee is trying to put out a report as soon as the spring. and so what they're hoping is that this will serve, as you said, as a deterrent effect to the other many witnesses that they have subpoenaed, some of whom are beginning to defy these subpoenas to show there are real consequences to this. you can't just not show up when congress demands your presence. there are potentially criminal penalties, andrea. >> pete williams, let's talk about the fact that what is not determined by this at all is for him

bannon's lawyer david schoen was supposed to be on the show tonight to make that case directly to you this morning, so we'll take you try it. let's take his case and give someone a chance to counter it. how about norm eisen. welcome back. good to have you. >> thanks for having me back, chris. >> now there is a main assumption in bannon's argument, which is this. a letter from the former president's lawyer to his lawyers saying they intend to assert privilege and not to testify is enough. is it enough in form, first of all, meaning to them, and not to the committee and in substance? >> chris, the letter is not enough. bannon had an obligation to do what we see the former chief of staff mark meadows doing. you have to negotiate. you can't just rely on a paper by fiat. bannon is not the judge in his own case. and chris, you have to show up and take the questions one by one, like jeffrey clark, the lawyer from the justice department did. he refused to answer him, but at least he showed up. and chris, the letter has to make some sense. bannon wasn't a member of the executive. so executive

. >>> steve bannon's attorney david schoen will be joining us live here in the next hour of "new day. cheney effectively canceled by wyoming's republican party. the state party's central committee voted 31-29 to no longer consider her a member of the party. that news broke in the "casper star tribune." this stems from cheney's efforts to hold donald trump accountable for his role in the insurrection on january 6th. with me now, former republican congressman and former republican presidential candidate joe walsh. cheney banned. so says the wyoming central committee effectively. central committee is maybe an apt term here in this case. what does this tell you? >> hey j, john, good to be with you. it should be funny, but it is not funny because it is so damn sad and pathetic. john, look, it's just another reminder that my former political party is a cult. and i know everybody says that, but i want everybody to hear it be again. one of america's two major political parties is a cult. john, there is no room in that cult if you do not get down on your knees and pledge allegiance to the cult