Bannon gets Supreme Court help in erasing contempt charges 

WASHINGTON (CN) — After refusing to delay Steve Bannon’s prison sentence, the Supreme Court on Monday agreed to give him a chance to wipe out his conviction through an after-the-fact prosecution dismissal.

Bannon, a longtime ally and former adviser to President Donald Trump, served a four-month prison sentence for defying a subpoena from the House committee that investigated the attack on the U.S. Capitol. But the Trump administration sought to use its prosecutorial discretion to dismiss Bannon’s charges “in the interests of justice.”

The Supreme Court agreed to send Bannon’s case back to the D.C. Circuit for dismissal proceedings.

“It’s a welcome correction,” Michael Buschbacher, an attorney with Boyden Gray representing Bannon, said in response to the court’s order. “This case should never have been brought, and we’re delighted that the decision affirming Mr. Bannon’s unlawful conviction has finally been vacated.”

Ahead of the Jan. 6, 2021 Capitol riot, Bannon told listeners of his podcast that “hell is going to break loose tomorrow.” The congressional committee investigating the attack subsequently subpoenaed documents and testimony from Bannon concerning his knowledge of the events leading up to the insurrection.

The former chief strategist for Trump initially claimed his testimony would have been protected under executive privilege, but both the House panel and the Justice Department disputed that argument, noting Bannon was consulting Trump as a private citizen after being fired from the White House in 2017.

A jury found Bannon guilty of criminal contempt charges in 2022. Bannon was ordered to report to prison in July 2024. The Supreme Court refused to delay his sentence prior to deciding this appeal.

Challenging his conviction, Bannon claimed his charges required willful and intentional conduct. But Bannon said he ignored the congressional subpoena because his attorney advised him to do so under executive privilege. He also claimed the lower court erred by keeping out evidence about his good-faith reliance on his lawyer’s advice.

“Political winds change, but the requirements for criminal prosecution should not — least of all when it comes to a statute fraught with implications for the separation of powers,” Bannon wrote in his Supreme Court petition.

The Trump administration supported Bannon’s appeal at the high court, notifying the justices of its intent to dismiss the indictment.

Upon retaking office in 2025, Trumpissued sweeping pardons of nearly 1,600 people who participated in the attack on the U.S. Capitol. He also commuted the sentence of Stewart Rhodes, the leader of the far-right militia known as the Oath Keepers.

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