Steve Bannon, a longtime ally of former President Donald Trump, finds himself at the center of a legal and political storm as he faces imminent imprisonment for contempt of Congress.
Bannon’s case stems from his refusal to cooperate with the House Select Committee investigating the January 6 Capitol riot.
In 2022, Bannon was convicted on two counts of contempt of Congress for refusing to sit for a deposition and provide documents to the Democrat-dominated January 6 committee. Sentenced to four months in prison, Bannon has exhausted most of his legal options — and Republican allies are launching a last ditch effort to keep him free.
Bannon has turned to the Supreme Court, filing an emergency application on June 21, 2024, addressed to Chief Justice John Roberts. This application seeks to delay his prison sentence, which is set to begin on Monday, July 1.
Bannon’s legal team argues that the case raises “serious constitutional issues” that warrant review by the highest court in the land.
The key to Bannon’s defense rests on three key arguments. His lawyers contend that he was still in negotiations with the congressional committee when he was charged and that the subpoena was invalid due to former President Donald Trump’s assertion of executive privilege. They also argue that the committee would not allow a Trump lawyer to be present during testimony, further complicating Bannon’s ability to comply.
Bannon’s case has gained significant political support from Republican lawmakers.
House Speaker Mike Johnson, along with other GOP leaders, has filed an amicus brief with the D.C. Circuit Court of Appeals in support of Bannon’s appeal. Republicans argue that the Democrat-dominated January 6 committee was improperly constituted and engaged in covering up evidence.
The Republican support for Bannon extends beyond legal filings. Rep. Jim Banks of Indiana argued that the January 6 committee’s subpoenas were “illegitimate and unenforceable,” citing alleged violations of House rules and destruction of evidence by the committee.
Allies of Trump have long criticized the formation and conduct of the January 6 committee, arguing that former House Speaker Nancy Pelosi abused her authority in its organization by rejecting Republican nominations and appointing members of her choosing.
Bannon’s case also raised questions about the enforcement of congressional subpoenas and the limits of executive privilege. His supporters argue that his situation is unique, given his role as a key advisor to Trump — which could protect him with Trump’s legal executive privilege.
Some Republicans have also drawn parallels between Bannon’s case and the recent contempt of Congress charge against Attorney General Merrick Garland.
Garland was recently held in contempt for refusing to turn over audio recordings of President Joe Biden’s interviews with Special Counsel Robert Hur in the classified documents case.
The Department of Justice’s refusal to prosecute Garland — which Garland runs — has led to further accusations of a two tier system of justce in the enforcement of contempt charges.
As the July 1 deadline for Bannon to report to prison quickly approaches, all eyes are on the Supreme Court.
The Court has requested a response from the Justice Department by Wednesday, just before the start of its summer recess.
This timing adds urgency to Bannon’s plea, as he argues that if forced to begin his sentence, he will likely have to serve the full term before the Court can review the constitutional questions at hand.