On Friday, the Supreme Court rejected a final appeal from Steve Bannon, a longtime ally of former President Donald Trump, resulting in a four-month prison sentence for defying subpoenas from the Jan. 6 select committee three years ago.
Supreme Court Decision
The Supreme Court issued a one-sentence denial without explanation, confirming that Bannon will begin his prison term on July 1. The influential right-wing podcaster’s release date is set just days before the November 2024 election. Bannon had sought an emergency order from Chief Justice John Roberts, who referred the request to the full court. The court rejected the appeal without any public dissents.
Congressional Republican Efforts
Despite last-minute efforts by congressional Republicans to intervene on Bannon’s behalf, the court’s decision remained firm. Speaker Mike Johnson and other House GOP leaders submitted a legal brief supporting Bannon’s bid to overturn his criminal conviction. Additionally, Rep. Barry Loudermilk (R-Ga.) submitted his own brief to the Supreme Court.
Bannon’s Argument and Defiance
Bannon argued that his refusal to comply with the Jan. 6 committee’s subpoena was based on advice from his lawyer, Robert Costello, and a belief that Trump wanted him to assert executive privilege. However, the committee maintained that most topics they intended to discuss with Bannon were not related to his conversations with Trump and could not be privileged. Despite multiple warnings, Bannon refused to cooperate, neither submitting a list of privileged documents nor appearing for a deposition on unprivileged topics.
Inquiry Into Bannon’s Activities
The committee aimed to question Bannon about his efforts, alongside Peter Navarro, to strategize with Republican members of Congress to challenge the election results on Jan. 6. They were also interested in his comments on his “War Room” podcast the day before the riot, where he predicted that “all hell was going to break loose.”
Legal Proceedings
The House held Bannon in contempt for his defiance in October 2021, and the Justice Department indicted him shortly after. A jury convicted Bannon on two misdemeanor charges in July 2022. Judge Carl Nichols allowed Bannon to remain free while he pursued his appeal, considering that appellate courts might review the standards for contempt of Congress charges.
Appeals and Prison Sentence
The D.C. Circuit Court of Appeals rejected Bannon’s appeal, prompting Judge Nichols to rescind Bannon’s release, ordering him to prison on July 1 unless higher courts intervened. Although Bannon obtained an extension from the appeals court to request a full bench review of his appeal, the Supreme Court’s decision means he will be incarcerated before the appeals court addresses his request. Bannon can petition the Supreme Court to review his conviction and sentence, but he will likely complete his prison term before the justices act on it.
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