The Supreme Court on Monday cleared the way for a lower court to dismiss former Trump adviser Steve Bannon’s contempt of Congress case, a move that would effectively erase his 2022 conviction tied to the Jan. 6 investigation.
The justices declined to hear arguments in Bannon’s appeal, instead granting his petition only to vacate a lower court ruling and send the case back to the trial judge. The procedural step leaves the ultimate outcome to the district court, where dismissal is now expected.
The Justice Department signaled that outcome earlier this year. In February, prosecutors moved to dismiss the two-count indictment filed against Bannon nearly five years ago, indicating the government no longer intends to pursue the case.
“The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,” Solicitor General D. John Sauer told the justices last month.
Bannon, a longtime ally and former chief strategist to President Donald Trump, was a central figure in Trump’s political orbit both during and after his time in the White House. He played a key role in shaping Trump’s populist messaging in 2016 and remained an influential outside voice in Trump-aligned media and political circles after leaving the administration in 2017.
A federal jury in Washington, D.C., found Bannon guilty in 2022 on two counts of contempt of Congress after he defied a subpoena from the House select committee investigating the Jan. 6, 2021, Capitol attack. He refused both to appear for a deposition and to provide requested documents.
Bannon argued that he had relied on his attorney’s advice to delay compliance while disputes over executive privilege involving Trump were still unresolved. His legal team maintained that the prosecution itself was flawed.
“The government acknowledges that Petitioner’s criminal prosecution was unjust,” Bannon’s attorney, Michael Buschbacher, told the high court.
Bannon was sentenced to four months in prison. U.S. District Judge Carl Nichols allowed him to delay serving that sentence for roughly two years while he pursued appeals. He ultimately served the time in 2024.
The case has been closely watched as part of a broader legal battle over the Jan. 6 investigation and the limits of congressional subpoena power, particularly when executive privilege claims are involved.
Bannon was the second Trump adviser to serve prison time for defying the Jan. 6 committee. Former White House trade adviser Peter Navarro was also convicted on the same two counts and served a four-month sentence. Navarro’s appeal remains ongoing, even as the Justice Department has dropped its defense of that case.
With the Supreme Court’s action, Bannon’s case now returns to the trial court, where the government’s request to dismiss is expected to bring the legal saga to a formal close.
This is a breaking news story. Please check back for updates.
