President Trump pardoned Stephen Bannon, his 2016 campaign chairman and one-time White House aide, late Tuesday amid a final flurry of executive clemency with just hours left in his administration. Bannon was arrested in August and charged with defrauding investors, mostly Trump supporters, through a group called "We Build the Wall."
In its pardon notice, the White House said Bannon had received "a full pardon" for "charges related to fraud stemming from his involvement in a political project," adding that the former Breitbart News chief "has been an important leader in the conservative movement and is known for his political acumen." Trump has already pardoned another 2016 campaign chairman, Paul Manafort, as well as longtime ally Roger Stone and other 2016 advisers and allies.
The "We Build the Wall" campaign raised more than $25 million, ostensibly to build border wall between the U.S. and Mexico. Federal prosecutors alleged that Bannon siphoned off more than $1 million through a nonprofit he controlled and gave hundreds of thousands of dollars to another organizer, Brian Kolfage, who was also charged in the alleged scheme. Kolfage was not on Trump's pardon list. Trump distanced himself from Bannon and the fundraising project after the arrests, and aides believed Bannon was not going to get a pardon up until Tuesday, CNN reports.
Trump "made the decision on Mr. Bannon after a day of frantic efforts to sway his thinking, including from Mr. Bannon himself, who spoke to him by phone on Tuesday," The New York Times reports. After Bannon helped elect Trump and joined his White House, the two had a dramatic falling-out when Bannon told journalist Michael Wolff, for his book Fire and Fury, that Ivanka Trump is "dumb as a brick" and Donald Trump Jr. had acted "treasonous" by meeting with Russian agents during the campaign. But since last summer, "Bannon has slowly come back into the Trump orbit," The Washington Post notes.
Bannon may still be in legal jeopardy for his work with exiled Chinese billionaire Guo Wengui, and state prosecutors might still be able to charge him for any "We Build the Wall" fraud. Peter Weber
Sen. Richard Burr (R-N.C.) said Tuesday that the Justice Department has informed him it will not prosecute him for insider trading, making him the last of five senators known to have been investigated for selling stocks right before the market crashed when the COVID-19 pandemic hit. Burr sold up to $1.7 million worth of stock on Feb. 13, 2020, days after receiving briefings on the emerging coronavirus threat. Burr at the time was chairman of the Senate Intelligence Committee and a member of the Senate health committee.
Burr has acknowledged he sold the shares because of the pandemic, but says he was guided solely by public news sources, specifically CNBC's Asia health and science reporting. After the FBI executed a search warrant and seized his cellphone in May, he stepped down as chairman of the Intelligence Committee. Democrats take control of the Senate on Wednesday, and it's unclear if Burr will seek the top GOP slot on either the intelligence or health committees now that the investigation is over.
Three of the other senators investigated for possible insider trading — Kelly Loeffler (R-Ga.), James Inhofe (R-Okla.), and Dianne Feinstein (D-Calif.) — were cleared in May. An investigation into Sen. David Perdue (R-Ga.)'s stock trades expanded but then was closed in August, The New York Times reports. Perdue and Loeffler were both defeated in special elections earlier this month and their Democratic successors will be sworn in Wednesday.
Burr has already said he plans to step down after his term ends in 2022, but the timing of his exculpation, on the final day of the Trump administration, raised some eyebrows. President Trump was not a fan of Burr, who led a bipartisan investigation into Russia's interference in the 2016 election, though Burr will now sit as a juror in Trump's second impeachment trial.
It was always a steep climb for prosecutors to prove criminality in congressional insider trading cases, The Washington Post reports. "The law under which Burr was investigated — the Stock Act, which prohibits members of Congress and other federal officials from trading on information they glean from their government work — has not been used as the basis for a criminal charge since it was passed in 2012." Peter Weber
President Trump has spent the last few days asking his friends, aides, and associates if they would like pardons — even those who are not facing any charges, a senior administration official told The Washington Post.
In one case, the official said, Trump offered a pardon to a person who declined the chance at clemency, saying they weren't in any legal trouble and hadn't committed any crimes. "Trump's response was, 'Yeah, well, but you never know. They're going to come after us all. Maybe it's not a bad idea. Just let me know,'" the official recounted.
Trump has taken a great interest in pardoning people, the Post reports, even calling families to personally let them know he granted a pardon. A person familiar with the matter told the Post that Trump was talked out of pardoning himself, family members, and controversial figures like Rudy Giuliani. An aide said there was also a brief discussion about possibly issuing pardons related to the Jan. 6 Capitol attack, but that idea went nowhere.
While Trump has held a few ceremonial events in recent weeks, journalists have been kept away from the White House, largely because the president is "just not in a place where they would go well," one official told the Post. Trump is constantly flip-flopping, another administration official said, talking about his future but uncertain of where he will be. "He goes between, 'Well, I'm going to go to Florida and play golf, and life is honestly better,' and then in the next moment, it's like, 'But don't you think there's a chance to stay?'" the official said. Read more at The Washington Post. Catherine Garcia