“Nowhere in the Government’s production was a duplicate of a courtroom buy authorizing the Government’s actions, nor was there a copy of any subpoena for the information, nor was there even any application for a courtroom purchase or for authorization from the Division of Justice for subpoenas intended to get hold of protection counsel’s own and experienced phone and email information,” Bannon’s attorneys wrote in the filing.
Bannon’s legal team, which incorporates Costello, Evan Corcoran and David Schoen — 1 of Trump’s impeachment lawyers — also appended an trade of correspondence they experienced with DOJ in early January seeking particulars about the endeavours to get Costello’s data.
“Mr. Costello represented Mr. Bannon just before the January 6th Select Committee in relation to the subpoena it issued to Mr. Bannon and is, thus, a witness to the conduct charged in the Indictment,” prosecutor Amanda Vaughn reported in the Jan. 7 reply, adding that a different legal professional, Adam Katz, may also be a witness.
“Aside from the information that Mr. Costello voluntarily disclosed on behalf of Mr. Bannon all through the investigation of this make any difference,” Vaughn ongoing, “the Government has not taken any ways to get any attorney perform product or service relating to any attorney’s representation of Mr. Bannon or to receive any private communications among Mr. Bannon, Mr. Costello, and Mr. Katz, or amongst Mr. Bannon and any other lawyers.”
In accordance to letters from Costello’s third-celebration carriers, which had been offered to Bannon’s protection staff by DOJ, lots of of Costello’s e-mail logs had been offered to prosecutors on Dec. 7 beneath the auspices of a so-referred to as 2703 get, which doesn’t constantly need see to the buyer. The letters reference a 2703 purchase dated Nov. 11, a working day prior to Bannon was indicted.
Bannon’s lawyers say the data prosecutors have sought from Costello’s providers consist of data connected to Mr. Costello’s email messages for at the very least 4 various e-mail accounts with various carriers and telephone records for at minimum four various mobile phone quantities, like from his own dwelling telephone, his regulation firm’s landline and from his individual cellphone.
The government also sought telephone file requests that involved textual content concept info — but not content — this kind of as “the quantities to which texts were sent and from which they ended up been given.”
Bannon is asking Decide Carl Nichols to force prosecutors to deliver copies of any subpoenas and courtroom orders pertaining to Costello’s information, a checklist of all 3rd occasion carriers who ended up the subject matter of those people request, a list of DOJ officials who authorized the documents requests and info about irrespective of whether Costello’s data had been introduced to a grand jury.
A subsequent set of documents posted by Bannon’s group Friday night integrated summaries of two interviews Costello gave to the FBI and Justice Department just days before Bannon’s indictment on Nov. 12, 2021.
In the interviews, dated Nov. 3 and Nov. 8, Costello described regularly advising Bannon not to cooperate with the find committee, stating he seen their system as flawed and unlawful. He also described annoyance with Trump’s authorized crew, saying they experienced been “intentionally vague” about no matter whether Trump would assert executive privilege to guard Bannon. Costello reported they had been “playing some game titles.”
Costello also famous in the interview that he signifies Giuliani and that on Jan. 7, 2021, a working day immediately after the assault on the Capitol, Costello sent paperwork to the U.S. legal professional in Washington D.C. “related to pursuits on January 6.”
“However, Costello did not know who at [the U.S. attorney’s office] had acquired those people files,” according to the interview summary.