Steve Bannon, a former advisor to Donald Trump, was denied his bid to stay out of prison on June 16, 2023. The U.S. Circuit Court of Appeals for the District of Columbia ruled against him in a 2-1 decision.
Bannon had been ordered to report to prison on July 1 after being convicted of contempt of Congress charges related to his refusal to comply with a subpoena from the House Jan. 6 committee. He argued that he should be allowed to stay out of prison while appealing the conviction, citing potential legal questions about his state of mind when he refused to comply.
However, Judges Cornelia Pillard and Bradley Garcia disagreed, stating that Bannon's proposal cannot be reconciled with Supreme Court precedent. They noted that arguments about Bannon's state of mind do not present a substantial question that could reverse his conviction.
Judge Justin Walker dissented, writing that the close question of whether Bannon had the required intent to commit contempt should be decided by the Supreme Court.
Bannon was sentenced to four months in prison after being convicted in 2022. He has previously expressed his intention to seek relief from the Supreme Court if the appeals court panel rules against him.
The House Jan. 6 committee issued a subpoena for documents related to the Capitol attack on January 6, 2021. Bannon had initially received a delayed sentence to allow his appeal to play out, but this was lifted by Judge Carl Nichols at the request of the Justice Department in May.
Bannon's lawyers argued that he should be allowed to stay out of prison as he continued to appeal the conviction, pointing to his ability to have the full DC Circuit review the case and then potentially a Supreme Court appeal. However, prosecutors countered that Bannon's role in political discourse is not a relevant factor under federal law.
Bannon faces New York state criminal charges and will not be sent to minimal-security prison camps known as 'Club Fed'. He has been vocal in his criticisms of the Biden administration and its policies ahead of the 2024 election.