Federal prosecutors say dropping the case against former Trump adviser Steve Bannon is now “in the interests of justice,” despite a prior conviction and completed prison sentence.
By yourNEWS Media Newsroom
Federal prosecutors on Feb. 9 formally asked a judge to dismiss the criminal contempt of Congress case against Steve Bannon, a former adviser to President Donald Trump, signaling a significant reversal in a prosecution that resulted in a conviction and a four-month prison sentence. Government lawyers submitted the request in filings to both the Supreme Court and U.S. District Judge Carl Nichols, who presided over Bannon’s trial.
“The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,” prosecutors wrote in a court filing and related submissions. The Justice Department asked the Supreme Court to remand the matter to Nichols and for the district court to formally dismiss the case.
Bannon, 72, was convicted in 2022 of contempt of Congress after declining to testify and provide documents to a House committee investigating the Jan. 6, 2021, breach of the U.S. Capitol. He served a four-month prison sentence and was released in 2024. Despite completing his sentence, the case has remained active because Bannon continued to challenge the conviction through the appellate process.
Prosecutors told the court that Bannon does not oppose dismissal. U.S. Attorney for the District of Columbia Jeanine Pirro, one of the lawyers involved in the filing, indicated that the defense agrees with ending the case. Attorneys for Bannon did not immediately respond to requests for comment at the time of publication.
Bannon was the first person since the 1980s to be convicted of contempt of Congress. At trial, jurors heard evidence that he defied a subpoena issued by a congressional panel investigating the Capitol breach, a committee that was largely composed of Democrats. Bannon’s legal team argued that he intended to comply with the subpoena once questions surrounding executive privilege were resolved.
Nichols ultimately sentenced Bannon to four months in prison and imposed a $6,500 fine. Bannon later described his incarceration as empowering and energizing. Following his release, he resumed hosting the podcast WarRoom, which regularly features Republican guests, including GOP lawmakers.
In subsequent appeals, Bannon’s attorneys argued that Nichols improperly excluded evidence favorable to the defense. The U.S. Court of Appeals for the District of Columbia Circuit rejected that appeal, leaving the conviction intact.
In a separate appeal to the Supreme Court, Bannon’s lawyers argued that the contempt of Congress statute requires proof that a defendant knew their conduct was illegal, rather than merely intentional. In that filing, they warned that allowing the conviction to stand “conflicts with 150 years of caselaw from this Court, is contrary to basic canons of construction, and will cause serious harm to the separation of powers,” they wrote.
The Supreme Court previously declined to delay Bannon’s reporting to prison but has not yet ruled on the merits of his appeal. In a seven-page response filed Monday, Solicitor General D. John Sauer urged the justices to grant review, vacate the appellate court’s judgment, and return the case to Nichols for dismissal, according to the same court filing.
If the court follows the Justice Department’s recommendation, the dismissal would formally close a case that has remained legally active even after Bannon completed his sentence.