Banon had not complied with the subpoenas due to executive privilege invoked by President Donald Trump regarding their communication. Trump later revoked that, clearing the way for Bannon to testify, yet the DOJ continued with their case.
During the morning’s proceedings, prosecutors with the Department of Justice argued that there is a one month minimum sentence associated with the charges, while Bannon's defense team argued that there is in fact no "mandatory minimum" in this case. In response to the arguments, Judge Nichols said that there is indeed a minimum sentence in this case.