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griner's case disgusting. let's go "outfront." and good evening. i'm erin burnett. "outfront" tonight above the law. federal prosecutors making a simple case tonight against steve bannon who they say is guilty of blatantly defying the january 6 committee. if convicted he's looking at jail time. the man once dubbed donald trump's brain, bannon leaving court after the first day of testimony, lashing out at the january 6 committee and at its chairman, bennie thompson. >> he's too gutless to come over here himself. he's made it a crime -- made it a crime, not a civil charge, of wanting...

And again, to think that russia would be asinine enough to attack a white house staffer as they're walking from the old executive office building to the white house? my god! the floodgates. i mean, it was -- it was heinous enough and shocking enough and caused enough damage to russia when we found out they were poisoning people in great britain. but to do it on white house grounds, that would open so many floodgates. would that be worth it for any intel they gained? >> yeah, no, i share your view that, you know, and frankly, the victim in that case, the nsc official completely agrees with you....

Unusual and dangerous. this september 9th call of which there's no record of, and the state department you would think, seeing how it is to what you said, which is 100% right, it is the only piece of testimony that gives the president any clearance on this. that one call and they don't produce evidence that it ever happened. it was the september 7th call that he did tell the two men about. he didn't say any of the things that the president says he says. he never told mr. sondland it was no quid pro quo, the same phrase that who said? the whistleblower, which hadn't been public yet but had been...

So, open up the file of you can't make this up and tuck this bad boy in there. rudy giuliani is back in ukraine, meeting with a fringe ukrainian lawmaker, who is not only part of a pro-russian party, the man is known to have publicly pushed for investigations into the biden family himself. no surprise that they're meeting. pressed on the trip, mr. giuliani remains coy-ish. >> what's the ukraine trip all about? >> well, i can't really describe it. i can't even confirm it. all i can tell you is, that i am doing today, all day, and all night, maybe, what i've been doing for a year and a half. i'm...

Who is paying him? why is he there? if this is foreign policy, why is mayor giuliani involved at all? >> i don't know. >> you need to defend the president, you must know. >> no. what i can do is point to the democrat of nsc official, mr. morrison, who said when asked about giuliani's involvement, that he wasn't concerned. he didn't think it was anything inappropriate. >> he was the only one. >> it was unusual. and our country has -- our country has a history of using people in a nonprodecisitraditi to engage in foreign policy. the president has engaged with me to carry a message outside of the...