Former Donald Trump advisor Steve Bannon will face trial in New York on criminal-fraud charges related to a scheme to fund Trump’s border wall, following a judge’s decision on Friday. Justice April Newbauer denied Bannon’s motion to dismiss the charges, setting a trial date for December 9, just six weeks after his expected release from federal prison. Bannon is currently serving a four-month sentence for defying a congressional subpoena.
Bannon, 70, was charged by Manhattan District Attorney Alvin Bragg’s office in September 2022 with money laundering and conspiracy. The charges stem from allegations that Bannon deceived donors who contributed over $15 million to “We Build the Wall,” a private fundraising campaign for the border wall.
The indictment claims Bannon misled donors by promising that all funds would be used for wall construction, while secretly diverting hundreds of thousands of dollars to Brian Kolfage, the drive’s chief executive. Kolfage, a decorated U.S. Air Force veteran, had pledged to forgo a salary. Bannon has pleaded not guilty, with his lawyers arguing that some funds were transferred to Kolfage for legitimate expenses and that the organization successfully built parts of the border wall.
Prosecutors argue that Bannon’s own communications reveal his awareness of the diversion of funds, despite Kolfage’s assurances to donors of no compensation. This indictment builds on conduct also investigated in a 2020 federal case, which ended abruptly when Trump pardoned Bannon in January 2021. Presidential pardons do not prevent state prosecutions.
Kolfage, 42, pleaded guilty to federal fraud and tax charges in April 2023 and is serving a 4.25-year prison sentence for misusing donor money. Bannon, who served as a key adviser to Trump’s 2016 campaign and later as chief strategist, has claimed he is a “political prisoner.”
Bannon was also convicted in a separate federal case in 2022 for contempt of Congress related to the January 6 Capitol attack investigation.
