Steve Bannon outside a New York City courthouse as he is indicted on fraud charges, September 8, 2022 (CBS)

Donald Trump’s former chief strategist Steve Bannon has been indicted by Manhattan prosecutors over fraud connected with Trump’s “Wall with Mexico”.

Bannon is accused of involvement in taking millions of dollars in donations that were never used for the mythical Wall. He is charged with two felony counts of money laundering, two felony counts of conspiracy, and one felony count of a scheme to defraud. He faces a sentence of 5 to 15 years on the most serious charge.

Just before leaving office, Trump pardoned Bannon, quashing a Federal indictment. However, Presidents cannot issue pardons that enjoin States from pursuing prosecution and conviction.

Trump’s pardon before Bannon went to trial in 2021 also means that the US Constitution’s prohibition on facing the same charges twice does not apply.

Bannon was part of We Build the Wall Inc., led by Brian Kolfage a wounded veteran of the Iraq war. Prosecutors say Trump’s advisor funneled more than $100,000 in donations to Kolfage, who had repeatedly promised not to take a salary.

New York Attorney General Letitia James added that Bannon had personally profited from the scheme.

The indictment did not specify how much money Bannon took. However, evidence in the federal trial of a We Build The Wall founder this year documented the transfer of $380,000 to a nonprofit organization controlled by Mr. Bannon in 2019.

That money was distributed to Kolfage and to Bannon. In February and March of 2019, more than $330,000 was moved from the non-profit to Bannon’s bank account.

Attorney General James summarized:

Regular, everyday Americans play by these rules, and yet too often powerful political interests, they ignore these rules. They think they are above the law, and the most egregious of them take advantage.

Manhattan District Attorney Alvin Bragg added, “In Manhattan and in New York, you will be held accountable for defrauding donors.”

Bannon already faces up to two years in prison and a heavy fine for contempt of Congress. He was convicted in July after refusing to testify or provide documents to the House select committee investigating the Capitol Attack of January 6, 2021.

He said after appearing in State Supreme Court in Manhattan on Thursday, “It’s all nonsense. They will never shut me up.”