August 18, 2022

Prosecutors sought phone, electronic mail records of Bannon lawyer, protection staff promises

“Nowhere in the Government’s creation was a duplicate of a court get authorizing the Government’s actions, nor was there a duplicate of any subpoena for the records, nor was there even any software for a court docket purchase or for authorization from the Division of Justice for subpoenas intended to obtain defense counsel’s personal and specialist phone and e-mail information,” Bannon’s attorneys wrote in the filing.

Bannon’s authorized team, which involves Costello, Evan Corcoran and David Schoen — one particular of Trump’s impeachment legal professionals — also appended an exchange of correspondence they had with DOJ in early January looking for information about the initiatives to get hold of Costello’s data.

“Mr. Costello represented Mr. Bannon in advance of the January 6th Decide on Committee in relation to the subpoena it issued to Mr. Bannon and is, consequently, a witness to the carry out charged in the Indictment,” prosecutor Amanda Vaughn reported in the Jan. 7 reply, adding that one more lawyer, Adam Katz, may perhaps also be a witness.

“Aside from the data that Mr. Costello voluntarily disclosed on behalf of Mr. Bannon during the investigation of this issue,” Vaughn ongoing, “the Federal government has not taken any measures to get any lawyer operate product relating to any attorney’s representation of Mr. Bannon or to obtain any confidential communications amongst Mr. Bannon, Mr. Costello, and Mr. Katz, or in between Mr. Bannon and any other attorneys.”

According to letters from Costello’s 3rd-celebration carriers, which ended up furnished to Bannon’s protection crew by DOJ, quite a few of Costello’s email logs have been provided to prosecutors on Dec. 7 less than the auspices of a so-identified as 2703 purchase, which does not usually require detect to the consumer. The letters reference a 2703 order dated Nov. 11, a day in advance of Bannon was indicted.

Bannon’s lawyers say the facts prosecutors have sought from Costello’s companies include records related to Mr. Costello’s emails for at least four diverse e mail accounts with distinctive carriers and phone documents for at minimum four diverse cell phone figures, like from his particular house cellular phone, his law firm’s landline and from his private cellphone.

The govt also sought phone report requests that integrated text concept information — but not material — these types of as “the figures to which texts ended up despatched and from which they were being obtained.”

Bannon is asking Choose Carl Nichols to drive prosecutors to provide copies of any subpoenas and court docket orders pertaining to Costello’s data, a record of all third celebration carriers who were the topic of those ask for, a checklist of DOJ officials who authorized the data requests and data about irrespective of whether Costello’s data have been offered to a grand jury.

A subsequent established of documents posted by Bannon’s group Friday evening bundled summaries of two interviews Costello gave to the FBI and Justice Section just days ahead of Bannon’s indictment on Nov. 12, 2021.

In the interviews, dated Nov. 3 and Nov. 8, Costello described repeatedly advising Bannon not to cooperate with the choose committee, saying he seen their procedure as flawed and unlawful. He also described annoyance with Trump’s lawful group, declaring they had been “intentionally vague” about no matter whether Trump would assert government privilege to secure Bannon. Costello mentioned they were “playing some online games.”

Costello also observed in the interview that he represents Giuliani and that on Jan. 7, 2021, a day after the attack on the Capitol, Costello despatched documents to the U.S. legal professional in Washington D.C. “related to activities on January 6.”

“However, Costello did not know who at [the U.S. attorney’s office] had acquired these paperwork,” according to the job interview summary.