The Supreme Court cleared the way for the Trump administration to wipe out Steve Bannon’s contempt of Congress conviction by effectively erasing lower court rulings that had upheld it and sending the case back to the district court, where the Justice Department has asked for dismissal.
The move marks a major reversal in the federal government’s position on Bannon’s case under the Biden administration. After President Donald Trump returned to office, the DOJ stopped defending the conviction and told the Supreme Court that “dismissal of this criminal case is in the interests of justice.”
The court then dropped the case back to the trial level rather than continue reviewing rulings the government no longer supported.
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Bannon was convicted in 2022 after refusing to comply with a subpoena from the House committee that investigated the Jan. 6, 2021 Capitol attack. He had argued that he relied on his lawyer’s advice not to respond while another issue remained unresolved and that he believed Trump could shield him from testifying through executive privilege.
On that basis, Bannon said he had acted in good faith and had not “willfully” failed to comply, which was central to the criminal charge.
House lawyers took the opposite view, arguing that Bannon openly defied the committee and ignored a valid subpoena. Bannon also challenged the subpoena’s validity, but the lower courts upheld the conviction.
Lawmakers had sought Bannon’s testimony in part because of statements he made before Jan. 6. According to the committee, Bannon told associates from China on Oct. 31, 2020 that Trump would falsely declare victory even if he lost the election and described what was coming as a “firestorm.” On his podcast, Bannon said then-Vice President Mike Pence “spit the bit,” which the committee said amplified pressure on Pence as Trump allies pushed to overturn the 2020 election result.
The committee also highlighted Bannon’s direct contacts with Trump in the final lead-up to Jan. 6. Bannon called Trump at least twice on Jan. 5, 2021 and predicted on a right-wing talk radio show that “all hell is going to break loose tomorrow.”
The court action comes even after Bannon has already served his punishment, completing a four-month prison sentence after the Supreme Court in 2024 rejected his effort to stay free while his appeal moved forward.
Trump has sharply criticized the prosecution of Bannon and other allies as politically motivated, and he has pardoned approximately 1,600 people charged in connection with the Jan. 6 attack. In Bannon’s case, Trump had already granted him clemency once before, pardoning him while he was awaiting trial in New York on fraud charges tied to a border wall fundraising effort during his first term.
Information for this briefing was found via USA Today and the sources mentioned. The author has no securities or affiliations related to this organization. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
