Supreme Court Paves Way for Potential Dismissal of Steve Bannon's Contempt Case
The U.S. Supreme Court has cleared the way for the potential dismissal of the criminal contempt of Congress case against Steve Bannon, a former aide to President Donald Trump. On Monday, the Court sent the case back to a lower court, vacating a previous appeals court ruling that had upheld Bannon's conviction. This development follows a motion from the Justice Department to dismiss the case, which stemmed from Bannon's refusal to comply with a subpoena from the House committee investigating the January 6, 2021, events at the U.S. Capitol. Bannon has already served a four-month prison sentence related to the conviction.
Court Proceedings and Justice Department Action
On Monday, the Supreme Court returned the case to the U.S. Court of Appeals for the D.C. Circuit, instructing it to vacate its prior judgment and remand the case to the district court with instructions to dismiss the indictment. This action facilitates the Justice Department's stated intent to dismiss the case.
The Justice Department, through the U.S. Attorney for the District of Columbia, Jeanine Pirro, filed an unopposed motion with the lower court judge on Monday, requesting the dismissal of the charges against Bannon.
The Justice Department stated that the dismissal is "in the interests of justice."
Background of the Contempt Case
Steve Bannon, who served as a senior counselor and chief strategist in the White House during President Trump's first term, was indicted in November 2021 and subsequently convicted in July 2022 on two counts of contempt of Congress. These charges arose from his non-compliance with subpoenas issued by the House Select Committee investigating the January 6, 2021, attack on the U.S. Capitol.
The committee had sought both documents and testimony from Bannon, partly in connection with comments he made the day before the events.
The Executive Privilege DefenseBannon made a statement on a radio program that "all hell is going to break loose tomorrow."
Bannon's defense maintained that he believed he could not comply with the subpoenas because President Trump had asserted executive privilege over his testimony and documents. His lawyers argued that Bannon did not "willfully" defy the subpoena, contending that reliance on legal counsel's advice regarding executive privilege precluded a finding of willful contempt.
Sentence Served, Appeals Exhausted
Despite ongoing legal challenges, Bannon began serving a four-month federal prison sentence in 2024 for the contempt conviction, and was also fined $6,500. This followed the U.S. Court of Appeals for the District of Columbia Circuit rejecting his initial appeal, and the Supreme Court denying his request to avoid serving the sentence while appeals continued.
The potential dismissal of the conviction is largely considered symbolic, as Bannon has already completed his prison term.
Additional Context: Bannon's Broader History
Before his role in the Trump administration, Bannon led Trump's 2016 presidential campaign. He had previously pleaded guilty to fraud charges related to the "We Build The Wall" nonprofit, a separate legal matter. Bannon currently hosts a podcast.