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The Department of Justice has officially opposed former Trump advisor Steve Bannon’s emergency appeal to avoid prison after his conviction for contempt of Congress.
What’s going on:
In a recent brief, the DOJ requested that the Supreme Court deny Bannon’s appeal following his 2022 conviction for two counts of contempt of Congress. Bannon was sentenced to four months in prison, but the sentence was stayed pending his appeals. US District Judge Carl Nichols made this decision after a federal appellate panel upheld Bannon’s conviction and prosecutors demanded he report to prison, stating there was no legal basis for a continued stay. Prosecutors argue that Bannon’s appeal does not meet the “extraordinary” criteria necessary to avoid prison during the appeal process.

In court filings, Solicitor General Elizabeth Prelogar said Bannon’s complete noncompliance with the congressional subpoena, highlighting his refusal to produce documents or attend his scheduled deposition. She noted that the Supreme Court had recently denied a similar appeal from another former Trump advisor, Peter Navarro, who also defied a subpoena from the same committee. “He cannot make the demanding showing necessary to override the normal requirement that a convicted defendant begin serving his sentence,” Prelogar wrote.
Bannon’s legal team argues that the efforts to incarcerate him are politically motivated and that he should remain free while his appeal is ongoing. This development coincided with an announcement from Speaker Mike Johnson (R-LA) and other House GOP leaders, who stated they would file an amicus brief in support of neither party but advocating for the appeal. The republican lawmakers said that they believe former House Speaker Nancy Pelosi “abused her authority when organizing the Select Committee,” a claim that Pelosi denies.
Despite Republican objections, courts have consistently upheld the validity of the committee’s subpoenas. Peter Navarro, another Trump advisor, is currently serving a four-month sentence for similar charges after the Supreme Court denied his appeal for emergency relief. If Bannon’s appeal is rejected, he is expected to report to prison on July 1.