Supreme Court Rules On Steve Bannon’s Emergency Appeal To Stay Out Of Prison

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Former Trump adviser and War Room host Steve Bannon must report to prison by Monday after the U.S. Supreme Court rejected his emergency petition to remain free as he appeals his contempt of Congress conviction. 

Bannon received a four-month sentence in 2022 for defying subpoenas from the House Jan. 6 committee.

U.S. District Judge Carl Nichols had put Bannon’s sentence on hold while he pursued an appeal.

However, Nichols ordered Bannon to report to prison by July 1st after the appeal was rejected.

Bannon filed an emergency motion, asking the U.S. Court of Appeals for the District of Columbia to overrule the lower court’s order that he report to prison by July 1st.

The panel denied his request in a 2-1 vote, leaving an emergency bid to the Supreme Court as the lone option to avoid incarceration.

From the Associated Press:

The appeal was originally directed to Chief Justice John Roberts, who oversees such requests from Washington. He referred it to the full court.

The court rejected it without explanation, as is typical. There were no noted dissents.

Defense attorneys have argued the case raises issues that should be examined by the Supreme Court, including Bannon’s previous lawyer’s belief that the subpoena was invalid because former President Donald Trump had asserted executive privilege. Prosecutors, though, say Bannon had left the White House years before and Trump had never invoked executive privilege in front of the committee.

“In a one-sentence order, the Supreme Court declines to intervene on Bannon’s behalf. He reports to prison Monday,” MSNBC legal correspondent Lisa Rubin said.

According to Jack Posobiec, Bannon will host War Room outside of the federal prison Monday morning.


Per CBS News:

The Justice Department urged the justices to deny Bannon’s effort, telling the court in a filing that his contention that he will have his convictions reversed or win a new trial because the lower courts misinterpreted what was required to convict him of contempt “lacks merit.”

Solicitor General Elizabeth Prelogar rejected Bannon’s attempt to compare his situation to Justice Department lawyers who declined to turn over documents regarding Hunter Biden, President Biden’s son.

His “total noncompliance even though he had been told by the former President’s counsel that he was not immune from testifying and could not simply disregard the subpoena, is not analogous to internal instructions to current government employees about providing testimony regarding their official responsibilities,” she wrote.

She said that Bannon failed to identify any authority that supports absolute testimonial immunity for the former advisers of former presidents, and didn’t raise such a constitutional defense to his prosecution based on that purported immunity.

Bannon is not the only former official from the Trump White House who has turned to the Supreme Court while fighting a contempt of Congress conviction. Peter Navarro, who served as a top trade adviser to Trump, is serving a four-month prison sentence at a correctional facility in Miami after he was convicted on two counts of criminal contempt last year for defying a subpoena from the House select committee.

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