A federal appeals court panel has rejected Steve Bannon’s request to stay out of prison while he appeals his conviction for defying a subpoena from the House committee investigating the U.S. Capitol attack. Bannon, a longtime ally of former President Donald Trump, is scheduled to report to prison by July 1 to serve a four-month sentence for contempt of Congress. The decision to send Bannon to prison was upheld by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, with two judges voting in favor and one dissenting. Bannon’s lawyers had requested that he remain free while he continues to fight the conviction, but the court ruled that he must begin serving his sentence immediately.
Bannon’s conviction stems from his refusal to comply with a subpoena from the January 6 House Committee, both to provide testimony and documents related to his involvement in efforts by Trump to overturn the 2020 election results. His attorney argued that Bannon was engaged in negotiations with the committee at the time he was charged and was following the advice of his attorney who believed he couldn’t testify or produce documents due to executive privilege invoked by Trump. Bannon’s lawyers now plan to appeal to the Supreme Court to delay his prison sentence. They argue that there is a strong public interest in allowing him to remain free as he is a top adviser to Trump’s potential 2024 campaign.
Prosecutors have countered by stating that Bannon’s role in political discourse is irrelevant to the case and have emphasized the importance of equal justice under the law. Another Trump aide, Peter Navarro, is already serving his four-month prison sentence for contempt of Congress after also claiming he couldn’t cooperate due to executive privilege. The House January 6 committee’s final report concluded that Trump engaged in a conspiracy to overturn the 2020 election results and failed to act to stop the Capitol attack, following an extensive investigation. Bannon’s lawyers argue there are serious legal questions in his case that may need to be resolved by the Supreme Court, but his prison sentence may be completed before that happens.
Bannon’s attorneys have portrayed the Justice Department’s efforts to imprison him as an attempt to hinder his assistance in the 2024 campaign and to seek retribution before the Biden Administration ends. Aspects of the case, including the debate over executive privilege and Bannon’s interactions with the congressional committee, have raised significant legal questions. The court’s decision to send Bannon to prison while these questions remain unresolved has sparked debate over the application of equal justice and the handling of cases involving high-profile political figures. As the legal battle continues and the possibility of Supreme Court intervention looms, Bannon faces the prospect of serving his sentence before the case reaches a resolution.
