The media group – which includes CNN, ABC, NBC, plus the Washington Post, the New York Times, and the parent company of the Wall Street Journal – filed a motion to interrupt as Bannon fights the government's proposed order as part of his contempt of Congress case.
The order would harshly restrict what Bannon can do with the trove of information that the feds must share as part of the normal discovery process and have already started delivering. A previous government report includes more than 1,000 pages of witness testimony, grand jury material, and even emails from staff for the House Jan. 6th Committee investigating the Capitol riot.
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The press group claims that the government's suggested order would violate the First Amendment – and takes on the government's claim that allowing Bannon to use the materials would result in pretrial publicity that could corrupt the jury pool.
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"Proper justification for a gag order necessarily includes a finding, in absence of its entry, that no 'less restrictive alternatives' can adequately prevent the perceived harm," according to the filing, which media lawyers sent to clerks by email November 26th pursuant in U.S. District Court and which was received by DailyMail.com.
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The order "would prohibit Bannon and his counsel from communicating with the press and public about any materials that the government provides during discovery – not just materials that the government properly deems 'sensitive," according to the filing.
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The filing puts the mainstream press on the side of Bannon, who has in the past said the Times should be "ashamed and humiliated" and beat the media as the "opposition party" – albeit on a procedural matter of common interest.
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The press group claims the government has failed to show less restrictive options wouldn't perform the task. The media group notes Chief Judge Beryl Howell requested the publication of a video from another January 6th case, asserting the need for public access "is very strong." It states that Bannon "has demonstrated his desire to communicate with the press and public about the government's case against him."
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The Justice Department took what it said Bannon was trying to do with his case – blaming him for using the discovery process to "try this case in the media rather than in court."
It pointed to Bannon's own remarks outside the courthouse after his first preliminary hearing.
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