A defendant in the “We Build the Wall” fraud case plans to have Steve Bannon testify at his trial — and wants jurors to know that the former White House adviser was pardoned by President Donald Trump.
In legal papers filed Thursday, Timothy Shea said he “intends to call Mr. Bannon as a witness” for the defense at a trial set to begin May 16 in Manhattan federal court.
Shea also opposed a prosecution motion last week to block him from introducing evidence that Bannon, a former co-defendant, was among nearly 150 people granted clemency in the final hours of Trump’s presidency.
The Colorado entrepreneur called Bannon’s pardon “a political decision, not a vindication of his innocence” and “a very publicized and well-known fact to anyone remotely familiar with current events … that will likely, and necessarily arise, during the presentation of evidence.”
Shea’s brief was written by defense lawyer John Meringolo, who in 2019 won back-to-back acquittals in Manhattan federal court for former NYPD Deputy Inspector James Grant and reputed Bonanno crime family consigliere John “Porky” Zancocchio.
Meringolo noted that the Manhattan US Attorney’s Office “has enjoyed a nearly 98% conviction rate over the last four decades, a percentage that defies all rational odds” and is matched by “no other institution in this world — from the Roman Empire to a top sports team.”
“The Government now seeks to cover their single-digit chance of an acquittal by trying to intimidate the Defense out of putting forth a case, cross-examining witnesses, and overall, from defending and advocating for Mr. Shea,” he wrote.
Bannon, Trump’s chief strategist-turned-podcaster, was aboard a Chinese billionaire’s mega-yacht when he was busted during an August 2020 roundup by US Postal Service inspectors.
Shea, decorated US Air Force veteran Brian Kolfage and venture capitalist Andrew Badolato were also nabbed in an alleged scheme to loot the “We Build the Wall” campaign to help pay for Trump’s wall along the southern border with Mexico.
Kolfage, who lost both legs and his right hand in a 2004 rocket attack in Iraq, led the $25 million fundraiser on the GoFundMe website and initially blasted his indictment as a “political witch hunt.”
But both Kolfage and Badolato have agreed to plead guilty on April 21, according to court papers filed last month.
Last year, Bannon was charged with contempt of Congress for defying a subpoena issued by the House select committee investigating the Jan. 6 Capitol riot. He pleaded not guilty in that case, saying, “This is all noise.”
The Manhattan US Attorney’s Office declined to comment. Bannon’s lawyers didn’t immediately return an inquiry.
