Appeals Court Upholds Steve Bannon's Contempt Conviction, Boosting Congress' Leverage in Investigations
ICARO Media Group
In a significant development, the federal appeals court has upheld the contempt-of-Congress conviction of Steve Bannon, the former adviser to ex-President Donald Trump. Bannon's conviction, along with the DC Circuit's affirmation, is seen as a victory for Congress' efforts to obtain cooperation in its investigations.
The US DC Circuit Court of Appeals unanimously rejected several challenges made by Bannon, including his claim that the trial court excluded evidence that should have been allowed in his defense. Bannon had failed to comply with a subpoena from the House January 6 committee. The appeals court's ruling also upheld Bannon's four-month federal prison sentence, which could pave the way for him to eventually report to prison, although the timing remains uncertain.
Previously, the judge overseeing Bannon's trial had allowed him to delay serving his sentence while his appeal played out. The three-judge appeals panel granted Bannon time to appeal its ruling to the full DC-based appeals court before formally notifying the trial judge about the upheld conviction. Furthermore, Bannon could potentially seek additional appeals directly from the Supreme Court, which could further delay the start of his prison term.
Bannon's attorneys have not yet responded to CNN's request for comment regarding the appeals court's ruling. Judge Bradley Garcia, an appointee of President Joe Biden, supported the trial judge's exclusion of Bannon's advice-of-counsel defense. According to Bannon, he had rebuffed the subpoena due to supposed executive privilege concerns expressed by his lawyer. However, the appeals court ruled that this defense was not valid, as the contempt law only required proof of Bannon's deliberate and intentional failure to respond to the subpoena.
The DC Circuit also rejected Bannon's argument that the House select committee formed to investigate the January 6 insurrection was improperly constituted. The judges emphasized that Bannon had not raised these objections before the Select Committee, therefore forfeiting them.
Bannon is one of two former members of Trump's inner circle facing prosecution for non-compliance with the House January 6 probe. The other individual, former Trump White House aide Peter Navarro, is currently serving a four-month prison sentence following his 2023 conviction.
The House panel had sought documents and testimony from Bannon, citing alleged communications between him and Trump in the days leading up to the Capitol attack on January 6. Additionally, Bannon's comments on his podcast the day before the riot, where he predicted that "all hell is going to break loose tomorrow," were also highlighted by the House committee.
Although Bannon had previously served in Trump's White House, at the time of Trump's effort to overturn his 2020 electoral loss, Bannon had already departed from the federal government.
This latest ruling in Bannon's case serves as a victory for Congress as it seeks to assert its authority and obtain cooperation in its investigations. It reinforces the importance of complying with congressional subpoenas and the repercussions for failing to do so.