Federal prosecutors have asked Judge Carl Nichols to order former Trump adviser Steve Bannon to begin serving his four-month prison sentence for contempt of Congress, following the D.C. Circuit Court of Appeals' decision to uphold his conviction last week. The Justice Department argued that there is no legal basis for Nichols to continue the stay on Bannon's sentence, as the appeals court rejected the basis for his appeal on all grounds.
In their filing on Tuesday, prosecutors stated, "Consequently, there is no longer a 'substantial question of law that is likely to result in a reversal or an order for a new trial.'" The timing of when Bannon will be expected to report to prison remains unclear, as it is not immediately known when Judge Nichols will rule on the prosecutors' request.
Bannon, who was found guilty by a federal jury of two counts of contempt of Congress in July 2022 for defying a subpoena by the House January 6 select committee, reacted to the news by telling ABC News, "I'm shocked they want to silence the voice of MAGA." The former Trump adviser was sentenced to four months in prison in October 2022, but Judge Nichols agreed to postpone the jail term while Bannon appealed the decision.
The three-judge panel of the D.C. Circuit Court of Appeals affirmed Bannon's conviction and sentence in their opinion released on Friday. The judges concluded, "We conclude that none of the information sought in the trial subpoenas was relevant to the elements of the contempt offense, nor to any affirmative defense Bannon was entitled to present at trial."
The Justice Department's court filing emphasized that a person who is found guilty must report for their term of imprisonment unless the defendant can establish that "the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in reversal." The department noted that the D.C. Circuit rejected Bannon's appeal on all grounds, including his primary argument regarding the requisite mental state required for a contempt of Congress violation.
The unanimous decision by the appeals court was seen as a victory for Congress, potentially setting a precedent for how others will be held accountable for denying a Congressional subpoena. The ruling also paves the way for the Justice Department to enforce Bannon's sentence, which could see him reporting to prison in the near future.
The case against Steve Bannon has been closely watched, as it represents a high-profile example of the consequences faced by individuals who defy Congressional subpoenas. The House January 6 select committee, which investigated the 2021 attack on the US Capitol, had sought Bannon's testimony and documents related to the events leading up to and on the day of the insurrection.
