Steve Bannon, talk show host and former White House advisor to former U.S. President Donald Trump, speaks to reporters before entering U.S. District Court in Washington, U.S., June 15, 2022.
Steve Bannon, talk show host and former White House advisor to former U.S. President Donald Trump, speaks to reporters before entering U.S. District Court in Washington, U.S., June 15, 2022. Reuters / ELIZABETH FRANTZ

Federal prosecutors are due to start presenting their case on Tuesday in the trial of Steve Bannon, a prominent former presidential adviser to Donald Trump, on charges of contempt of Congress for defying a subpoena from the committee investigating last year's attack on the U.S. Capitol.

Bannon, 68, is facing two misdemeanor counts after he declined last year to provide testimony or documents to the Democratic-led House of Representatives select committee.

Prosecutors and Bannon's defense are set to present opening statements in the trial once jury selection is completed. U.S. District Judge Carl Nichols is presiding. Twelve jurors and two alternates are being selected from a pool of 22 people deemed qualified to hear the case. Many of the jurors told the court on Monday they had not closely followed news coverage of Bannon's case or tracked all of the details from the select committee's televised hearings.

The committee presented evidence last week that Bannon spoke with Trump at least twice on the day before the Jan. 6, 2021, attack. The committee also played a clip of Bannon saying on a right-wing talk show on Jan. 5 that "all hell is going to break loose tomorrow."

Trump's supporters stormed the Capitol in a failed effort to block formal congressional certification of his 2020 election loss to Democrat Joe Biden.

Bannon expressed some optimism about the status of jury selection as he exited the courtroom on Monday. Asked by a reporter if he thinks the jury could be fair, Bannon said, "Yes I do."

Bannon has argued that the material sought by the committee was protected by a legal doctrine called executive privilege that can keep certain presidential communications confidential, though the judge has ruled he cannot use this as a defense. Bannon left his White House role in 2017.

Bannon reversed course this month and said he wanted to testify before a public committee hearing, nearly 10 months after defying the subpoena. There has been no indication of any plan to have him do so, as the committee likely would want him to first testify in closed sessions in order to cover a wide range of matters. Trump told Bannon he was waiving any executive privilege claim.

As a top adviser to the Republican Trump's 2016 presidential campaign who later served as White House chief strategist, Bannon helped articulate the "America First" right-wing populism and fierce opposition to immigration that helped define Trump's presidency.

Trump last year issued a pardon to Bannon on separate criminal charges of defrauding donors to a private fund-raising effort to boost the former president's project to build a wall along the U.S.-Mexican border.