Donald Trump ally Steve Bannon was ordered Thursday in D.C. federal court to surrender and begin his four-month prison sentence for defying a congressional subpoena by July 1, following the dismissal of his appeal in the D.C. Circuit.
Bannon Ordered To Start Prison Term By July 1 : Judge Nichols’ Order
U.S. District Judge Carl J. Nichols issued a Thursday text order granting a request from prosecutors to lift the stay on Bannon’s sentence, citing the D.C. Circuit’s May 10 decision. Bannon was ordered to start his prison term by July 1.
Legal Responses and Reactions
Counsel for Bannon did not immediately respond to requests for comment. A representative for the U.S. Attorney’s Office in D.C. declined to comment.
Bannon was found guilty of two counts of contempt of Congress by a federal jury in July 2022 after less than three hours of deliberation. His attorneys at the time called the conviction a “bulletproof appeal” regarding whether he had “willfully” resisted the subpoena. On appeal, Bannon argued that he had not willfully flouted the subpoena from the House Jan. 6 select committee because his lawyer had advised him not to respond to it.
Bannon Ordered To Start Prison Term By July 1: Background of the Case
The committee had sought records and testimony from Bannon in the lead-up to the Jan. 6, 2021, insurrection at the U.S. Capitol by supporters of Trump, including his communications with the former president. Bannon was a key member of Trump’s successful 2016 presidential run and was a high-ranking strategist in his administration before leaving in August 2017.
D.C. Circuit’s Decision
The D.C. Circuit panel ruled that a finding of bad faith wasn’t required to uphold a contempt of Congress conviction because the law’s purpose is to maintain Congress’ power of inquiry. Prosecutors asked Judge Nichols on May 14 to lift the stay of Bannon’s sentence that had been imposed during his appeal, arguing there was no longer a substantial question of law and that the stay had to be lifted.
Bannon’s Argument Against Lifting the Stay
In a May 20 response memorandum, Bannon contended that the district court lacked the authority to lift the stay and that the merits of the “willfully” argument had to be reviewed by the full D.C. Circuit or the U.S. Supreme Court. Bannon argued that lifting the stay would be premature since the panel had said that the mandate for him to surrender would not be triggered until seven days after his petition for a rehearing was resolved.
