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Bannon Contempt of Congress Conviction

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Major Issue: Whether an individual who once worked for former President Trump can be convicted on criminal contempt of Congress charges for failing to produce documents or appear for a deposition before the January 6th committee examining the 2021 attack on the U.S. Capitol.

Case Status: Awaiting further action.

Case Description: On September 23, 2021, the House Select Committee to Investigate the January 6th Attack on the United States Capitol issued a subpoena to Steve Bannon requesting documents and deposition testimony related to the 2020 presidential election and January 6th attack. Bannon, a private citizen, had been a policy adviser to then President Trump for approximately seven months in 2017. Bannon declined to produce any documents or appear for a deposition as required by the subpoena. On Oct. 21, 2021, the House voted to hold him in contempt of Congress. On Nov. 12, 2021, the U.S. Department of Justice (DOJ) indicted Bannon on two counts of criminal contempt of Congress for failing to produce documents and failing to appear at a deposition required by the subpoena. Bannon was convicted and served his sentence, but after President Donald Trump assumed office for his second term, DOJ filed a brief with the Supreme Court and a Motion with the District Court seeking the dismissal of Bannon’s contempt of Congress charges on the grounds that the initial subpoena was unlawful.

Procedural Posture: The indictment was filed in the U.S. District Court for the District of Columbia. DOJ and Bannon initiated a number of pre-trial motions. The trial began on July 18, 2022. On July 22, 2022, the jury found Bannon guilty on both contempt charges. On Oct. 21, 2022, the court sentenced Bannon to four months in prison and fined him $6,500, but stayed his sentence pending appeal.  On Nov. 7, 2022, Bannon filed an appeal of his conviction with the D.C. Circuit Court of Appeals. On May 10, 2024, the D.C. Circuit panel affirmed. On May 14, 2024, DOJ asked the District Court to lift the stay on Bannon’s sentence and order him to prison. On June 6, 2024, after a hearing, the District Court ordered Bannon to report to prison by July 1, 2024.  On June 11, 2024, he filed an emergency appeal with the D.C. Circuit. On June 20, 2024, the D.C. Circuit denied Bannon’s motion. On June 28, 2024, the Supreme Court also denied Bannon’s motion for release pending appeal. Bannon began his four-month prison term on July 1, 2024. 

On Nov. 12, 2021, DOJ filed the Bannon indictment with the U.S. District Court for the District of Columbia. Judge Carl J. Nichols was assigned to Case No. 1:21-cr-670 (CJN). Both DOJ and Bannon filed pre-trial motions. The trial began on July 18, and concluded on July 22, 2022, when the jury found Bannon guilty of two counts of criminal contempt of Congress. On Oct. 21, 2022, the court sentenced Bannon to four months in prison and fined him $6,500 but stayed the sentence pending his appeal. After the D.C. Circuit Court rejected Bannon’s appeal and affirmed his conviction, DOJ asked the District Court, on May 14, 2024, to lift the stay on Bannon’s sentence and order him to prison. On June 6, 2024, after a hearing, Judge Nichols ordered Bannon to report to prison by July 1, 2024. Bannon began his four-month prison term on July 1, 2024. On August 29, 2024, while Bannon was serving his sentence, he filed a motion to reinstate bail or for supervised release. On September 12, DOJ opposed the motion. On September 13, 2024, Bannon filed a reply in support of his motion to reinstate bail or for supervised release. On October 21, 2025, the court concluded that Bannon should be released based on his accrual of 10 credits under the First Step Act. On February 9, 2026, after Donald Trump became President, DOJ filed a motion requesting the dismissal of Bannon’s contempt of Congress charges on the grounds that the initial subpoena was unlawful. 

On Nov. 7, 2022, Bannon appealed his conviction for contempt of Congress. A three-judge panel from the D.C. Circuit Court of Appeals, with Judges Garcia, Pillard, and Walker, was assigned to Case No. 22-3086. On May 3, 2023, Bannon filed his opening appellate brief. On Nov. 9, 2023, the appellate panel heard oral argument. On May 10, 2024, the D.C. Circuit panel affirmed the conviction. After the District Court ordered Bannon to report to prison by July 1 Bannon filed an emergency appeal with the D.C. Circuit on June 11, 2024. On June 20, 2024, in a 2-1 ruling, the D.C. Circuit denied Bannon’s motion. On July 15, 2024, Bannon petitioned the court for a rehearing en banc of both the decision that affirmed his conviction and the order to report to prison. On July 31, 2024, DOJ opposed Bannon’s motion for a rehearing en banc. On May 27, 2025, the court issued a Per Curiam Order denying Bannon’s petition for a rehearing en banc.

On June 21, 2024, Bannon filed an emergency application with the Supreme Court for continued release from prison pending appeal. On June 26, 2024, DOJ opposed the motion.  On June 28, 2024, the Supreme Court denied the Bannon motion, thereby requiring him to report to prison by July 1, 2024. On October 15, 2025, after President Trump assumed office for his second term, Bannon filed a petition asking the Supreme Court to overturn his conviction. On February 9, 2026, reversing its previous position, DOJ filed a brief supporting Bannon and arguing that the initial subpoena was unlawful.