Steve Bannon appeared in court in New York on January 12, 2023. Steve Bannon’s request to stay out of jail if convicted of defying a summons.
Steven Hirsch/AP/Pool New York Post
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Steven Hirsch/AP/Pool New York Post
WASHINGTON — A federal appeals court panel on Thursday rejected a bid by longtime Donald Trump ally Steve Bannon to stay out of jail for ignoring an investigation into U.S. Congress. He was convicted under a subpoena from a House committee over the building attack.
Bannon is expected to report to prison on July 1 to begin serving his four-month sentence for contempt of Congress.
U.S. District Judge Carl Nichols, Trump’s nominee to the bench, earlier this month granted prosecutors’ request to send Bannon to prison after a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit upheld the decision. Convicted Bannon.
Bannon’s lawyers asked the appeals court to allow him to remain free while he continues to fight his conviction all the way to the Supreme Court if necessary. But the D.C. Circuit panel said in a 2-1 vote that Bannon’s case “does not depart from the general rule that a defendant begins serving his sentence upon conviction.”
Judges Cornelia Pillard, nominated by former President Barack Obama, and Judge Bradley Garcia, nominated by President Joe Biden, voted to send Bannon to prison. Judge Justin Walker, Trump’s nominee, dissented, writing that he should not serve his sentence until the Supreme Court decides whether to take up his case.
Bannon is expected to ask the Supreme Court to spare him from prison. His attorney did not immediately respond to an email seeking comment Thursday.
Nearly two years ago, he was found guilty of two counts of contempt of Congress: one for refusing to testify before a House committee on Jan. 6, and another for refusing to provide documents related to his involvement in the Republican Trump effort. The loss to Democrat Joe Biden in the 2020 presidential election.
Bannon’s lawyers argued at trial that the former Trump adviser did not ignore the subpoena but was still negotiating in good faith with congressional committees when he was charged. The defense said Bannon had been relying on the advice of lawyers who argued Bannon could not testify or produce documents because Trump had invoked executive privilege.
Bannon’s attorneys say the case raises serious legal questions that may need to be addressed by the Supreme Court, but by the time the case gets there, Bannon will have already served his sentence.
In court documents, Bannon’s lawyers also argued that there is a “strong public interest” in allowing him to remain free until the 2024 election because Bannon is a senior adviser to the Trump campaign.
Bannon’s attorneys say the Justice Department’s now attempt to jail him “creates the impression that the administration is trying to prevent Mr. Bannon from fully assisting the campaign and speaking out on important issues, while also ensuring that the administration’s collection of pounds” may end in a Biden administration. His body had disappeared before.
Prosecutors said in court documents that Bannon’s “role in the political discourse” was irrelevant.
“Bannon is also unable to reconcile his request for special treatment with the fundamental principles of equal justice under the law,” prosecutors wrote. “The fair application of the bail statute requires that Bannon remain in custody.”
Trump’s second aide, trade adviser Peter Navarro, is serving a four-month prison sentence after being found in contempt of Congress. Navarro also said he was unable to cooperate with the committee because Trump had invoked executive privilege. However, a judge barred him from making that argument at trial, finding that he had failed to show that Trump actually invoked it.
The House committee’s final report on Jan. 6 said Trump committed a “multiple conspiracy” to overturn the legitimate results of the 2020 election and failed to take action to stop his supporters from attacking the Capitol, ending an 18-month period of extraordinary violence. Unusual investigation into former president and violent insurrection.
