Prosecutors are seeking to have Steve Bannon report to prison immediately after an appeals court upheld his conviction on contempt of Congress charges for defying a subpoena from the House committee investigating the Capitol attack. Bannon was initially sentenced to four months in prison in October 2022 but was allowed to remain free while pursuing his appeal. However, with the appeals court upholding his conviction, prosecutors are asking the judge to lift the stay on his sentence.
Following the appeals court ruling, prosecutors have requested that Bannon report to prison, and the judge has given him until Thursday to respond to the motion. Bannon has expressed shock at the move, claiming it is an attempt to silence the voice of MAGA. His attorney plans to ask the full D.C. appeals court to hear the matter, arguing that the decision is wrong as a matter of law and sets a dangerous precedent for future cases involving contempt of Congress.
Bannon’s lawyer had argued before the appeals court that Bannon did not willfully defy Congress by not responding to the subpoena, as his testimony was supposedly protected by Trump’s executive privilege and he believed he did not have to comply based on legal advice. However, the appeals court panel determined that Bannon’s challenges lacked merit, stating that the information sought in the trial subpoenas was not relevant to the elements of the contempt offense or any affirmative defense Bannon could present at trial.
If the judge rules in favor of the prosecutors’ request, Bannon could be required to report to prison to serve his four-month sentence for contempt of Congress. Despite the possibility of further appeals to higher courts, the Supreme Court previously denied a similar request from another Trump aide convicted of contempt of Congress. Bannon’s case has raised concerns about the threshold for criminal liability in congressional hearings and the potential for political abuses of the process in the future.
The decision in Bannon’s case reflects the ongoing legal battles surrounding the investigation into the Capitol attack and efforts to hold individuals accountable for their roles in the events of January 6. As the legal process continues, the outcome of Bannon’s case could have implications for future cases involving contempt of Congress and the balance of power between the legislative and executive branches of government. It remains to be seen how the judge will rule on the prosecutors’ request and whether Bannon will ultimately serve his sentence for defying the subpoena from the House committee.
