Justice Department Seeks to Erase Bannon’s Contempt Conviction
The Justice Department renewed its effort on November 5 to have a federal judge dismiss Steve Bannon’s two-count conviction for criminal contempt of Congress. Bannon had refused to comply with a subpoena from the House committee investigating the January 6, 2021, attack on the U.S. Capitol. He spent four months incarcerated during 2024 after his 2022 conviction.
In its court filing, the department said it no longer considered prosecution appropriate for a former presidential adviser who withheld information on the asserted ground that executive privilege protected him. It also questioned whether Bannon’s trial had been fair and said pursuing the case conflicted with the administration’s enforcement priorities, citing President Donald Trump’s pardons and commutations for people prosecuted over January 6.
Bannon’s lawyers did not oppose the request. U.S. District Judge Carl Nichols had rejected an earlier bid to dismiss the case, noting in August that the government had failed to give an adequate account of its position. The high court returned the matter to Nichols, setting aside an appeals court ruling that had upheld the jury’s verdict. The judge must now consider the renewed motion.
DOJ Seeks to Undo Bannon Conviction After Trump Pardons Jan. 6 Defendants
The Justice Department is again seeking to erase Steve Bannon’s conviction for refusing to comply with Congress’s investigation of the January 6, 2021, Capitol attack. Bannon was convicted on two contempt counts in 2022 and served four months in prison in 2024.
The department now argues that prosecuting a former presidential adviser who claimed executive privilege was inappropriate, and says it has significant doubts about the fairness of the trial. Its filing also says affirming the conviction conflicts with the administration’s priorities after President Donald Trump pardoned hundreds of January 6 defendants and granted other clemency.
Bannon’s legal team does not oppose dismissal. That leaves the judge to weigh the government’s renewed position against the conviction Congress pursued to enforce its subpoena. U.S. District Judge Carl Nichols rejected an earlier dismissal request in August, saying the government had not adequately explained its reasoning. The Supreme Court later sent the case back to him after setting aside the appeals court ruling that had upheld the verdict.
Justice Department Reconsiders Bannon Case Over Executive Privilege
The Justice Department is moving to end Steve Bannon’s prosecution for contempt of Congress, arguing that the case should not have been pursued against a former presidential adviser who asserted executive privilege. Bannon was convicted on two counts in 2022 and served four months in prison in 2024.
The department says it doubts the trial was fair and that seeking to uphold the conviction is inconsistent with its enforcement priorities. Its filing points to President Donald Trump’s pardons and commutations for people prosecuted in connection with January 6. Bannon’s lawyers do not oppose the motion.
A judge previously rejected an effort to dismiss the case, finding in August that the government had not sufficiently explained its position. The Supreme Court sent the matter back to that judge after wiping out an appeals court decision upholding the verdict. The renewed motion now asks the court to reconsider a prosecution the Justice Department says was inappropriate.
Reported by ABC News, NBC News.







