Former Trump White House strategist Steve Bannon is taking his fight against what he calls a politically motivated prosecution to the U.S. Supreme Court, asking the justices to wipe out his contempt of Congress conviction stemming from the now-disbanded Jan. 6 committee.

Bannon already served a four-month prison sentence for refusing to comply with a subpoena from the Democrat-led panel. But he’s now appealing to clear his record and to set a higher bar for future contempt cases — a move his legal team says is essential to protect the separation of powers and prevent future partisan abuse of congressional authority.

“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’s petition reads.

The petition was filed Friday and will be reviewed later this term after the Justice Department has a chance to respond.

A Question of Fairness and Executive Privilege

Bannon’s appeal focuses on whether he “willfully” ignored the committee’s subpoena — the legal threshold for contempt. His attorneys argue he acted on the advice of counsel and believed executive privilege issues needed to be resolved before cooperating. Under that interpretation, his actions weren’t criminally “willful.”

However, lower courts sided with the Biden Justice Department, saying prosecutors only needed to show Bannon deliberately refused to comply — regardless of his reasons. Bannon’s lawyers argue that interpretation upends more than a century of precedent and hands Congress unchecked power to criminalize political opponents.

Legitimacy of the Jan. 6 Committee in Question

Bannon’s team also challenges the legitimacy of the Jan. 6 committee itself, arguing its composition violated House rules. The resolution establishing the committee called for 13 members, with five appointed after consulting the minority leader. But then-Speaker Nancy Pelosi rejected several of Minority Leader Kevin McCarthy’s picks, leading McCarthy to withdraw all Republican participation. Pelosi then filled the seats with seven Democrats and two hand-picked Republicans, both of whom supported the committee’s mission.

According to Bannon’s lawyers, that procedural breach means the subpoena was never valid in the first place. But the D.C. Circuit Court of Appeals dismissed the argument, calling it a procedural objection that Bannon forfeited by not raising it earlier.

A Broader Battle Over Accountability and Power

This case follows the Supreme Court’s earlier refusal to intervene on behalf of Peter Navarro, another Trump official convicted for contempt of Congress. But Bannon’s appeal could mark a new test of how far Congress can go in criminally pursuing political figures — especially when executive privilege and partisan motives are at play.