By Jan Wolfe

WASHINGTON (Reuters] – On Wednesday, a U.S. judge ruled against Steve Bannon in his upcoming trial. The ruling prevented former President Donald Trump’s advisor from telling jurors he relied solely on legal counsel when he defied a congressional subpoena.

U.S. District Judge Carl Nichols prevented Bannon’s lawyers from making the argument called the “adviceof counsel” defense. The trial is set to start on July 18.

Bannon was indicted on November for two counts of contempt of Congress. This stemmed from his refusal to comply with a House of Representatives subpoena. The subpoena had been issued by the House of Representatives investigation into the attack by Trump supporters Jan. 6, 2021. Bannon did not provide the requested evidence or documents. He cited Trump’s claims, which were rejected by other courts. The material was protected under executive privilege.

Criminal charges can be defeated by the defense of “advice from counsel”. Invoking this defense, defendants argue they relied in good conscience on legal advice and didn’t intend to violate the law.

In a February court filing, Bannon’s attorneys stated that the defense was an important part of their case.

The filing stated that the government claimed Mr. Bannon had committed a crime. “All acts they plan to claim as proof included Mr. Bannon’s reliance on legal advice.”

Bannon’s attorneys claim that Bannon relied on Robert Costello’s advice. Costello had previously advised Bannon that he would not be allowed to testify to or furnish records to the panel, unless that firm made a deal for Trump and convinced a federal judge to waive executive privilege.

Costello still represents Bannon. He cited prior opinions from the Justice Department’s Office of Legal Counsel that found current and past executive branch officials are immune to congressional subpoenas. Costello’s co-counsel M. Evan Corcoran was not available for comment immediately after the judge’s ruling.

Bannon is a popular figure in right-wing media circles. In 2017, he was White House chief strategist. Bannon was the former Goldman Sachs Group Inc (NYSE): A banker by Navy experience, Inc has supported right-wing candidates and causes in the United States.