In a significant legal blow to former Trump White House strategist Steve Bannon, a federal appeals court has rejected his appeal of his conviction for contempt of Congress. Bannon becomes the second ally of the 45th president to potentially face jail time for refusing to comply with a subpoena from the House select committee investigating the Jan. 6, 2021, Capitol riot.

A three-judge panel from the US Court of Appeals for the DC Circuit ruled that allowing Bannon to evade punishment would undermine Congress's investigatory authority. The 20-page opinion, written by Judge Bradley Garcia, dismissed Bannon's defense that he followed the "advice of counsel" and unintentionally violated the law when snubbing the subpoena, stating that this was "no defense at all."

The panel affirmed Bannon's conviction and sentenced the 70-year-old former advisor to four months in prison for two misdemeanor charges. Bannon had ignored demands to testify and hand over records to the House Select January 6th Committee.

Bannon's defense attorney, David Schoen, immediately announced his client's intention to appeal the decision to the full DC circuit. Schoen argued that today's verdict sets a dangerous precedent for future cases involving congressional hearings and criminal liability. He called the decision "wrong as a matter of law" and predicted dire consequences for defendants in the country.

Former Trump White House trade adviser Peter Navarro, who also defied the committee's subpoenas, served an identical four-month prison sentence after his own unsuccessful appeal to the Supreme Court. Navarro claimed executive privilege covered his actions, a defense Bannon's former lawyer, Robert Costello, also advised him to rely on. However, federal prosecutors argued that executive privilege did not shield Bannon as a private citizen.

Prosecutors pointed out that Trump attorney Justin Clark never suggested that Bannon categorically refuse to respond to the subpoenas. Schoen countered that his client acted on instructions not to respond and that Costello informed the committee that executive privilege issues needed to be resolved in court before Bannon could testify.

Both Bannon and Navarro have remained free during the appeals process. Their refusal to comply with the committee's subpoenas is part of the aftermath of the Jan. 6 Capitol breach, which led to the prosecution of over 1,200 rioters.

In addition to Bannon, the Democrat-controlled House of Representatives voted in 2022 to refer former White House deputy communications chief of staff Dan Scavino and former White House chief of staff Mark Meadows for prosecution by the Justice Department. However, the DOJ decided not to charge either man.

Having been found guilty, Bannon was also ordered to pay a $6,500 fine. The developments surrounding these Trump allies highlight the enduring legal consequences stemming from the Capitol riot and the ongoing investigations into its origins.