DOJ Seeks Dismissal of Bannon Contempt Case Following Prison Term
The Department of Justice under President Donald Trump has filed a motion to dismiss the contempt of Congress case against former adviser Steve Bannon, despite his conviction and completed four-month prison sentence for defying subpoenas from the January 6 investigation committee.
Prosecutorial Discretion Cited in Surprise Motion
U.S. Attorney Jeanine Pirro signed a one-page motion on Monday requesting a federal judge to throw out the case entirely. The filing states that "the government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice." This development comes as Bannon continues to appeal his conviction through the judicial system.
Bannon served his sentence at the low-security Federal Correctional Institution in Danbury, Connecticut, after failing to convince multiple federal judges and the Supreme Court to allow him to remain free during his appeal process. Before reporting to prison in 2024, the far-right media figure declared himself a "political prisoner" during his War Room broadcast, stating, "I am proud to go to prison. This is what it takes to stand up to tyranny."
Legal Arguments Question Committee's Legitimacy
The Justice Department's position appears aligned with the Trump administration's broader efforts to challenge the legitimacy of investigations into the Capitol attack. Solicitor General D. John Sauer asked the Supreme Court on Monday to consider whether Bannon deserves relief from his convictions based on arguments that the January 6 committee was "unlawfully composed" from its inception.
This legal question is particularly significant because Bannon did not originally raise this specific argument when initially defying the committee's subpoenas. A federal grand jury had previously found Bannon guilty on two counts of contempt for refusing both to sit for an interview with investigators and to provide documents related to his efforts supporting Trump's campaign to overturn the 2020 election results.
Potential Consequences of Case Dismissal
If District Judge Carl Nichols, a Trump appointee, grants the government's motion to dismiss, Bannon's jury conviction would be erased and his pending Supreme Court appeal would likely conclude. Deputy Attorney General Todd Blanche emphasized this position in a statement, declaring, "Under the leadership of Attorney General Bondi, this Department will continue to undo the prior administration's weaponization of the justice system."
The January 6 committee's final report had concluded that the Trump campaign supported a "multi-part conspiracy" to reverse the election outcome while the president failed to prevent his supporters from storming the Capitol. Bannon was initially sentenced in October 2022, and his conviction was upheld on appeal in 2024 before he served his prison term.
Broader Pattern of Legal Reversals
This case represents part of a broader pattern within the Trump administration regarding January 6-related prosecutions. The Justice Department has similarly dropped its defense of former Trump aide Peter Navarro, who also served a four-month prison sentence for contempt of Congress after refusing to comply with committee subpoenas. A federal appeals court is now deciding whether Navarro's conviction can be overturned.
Trump had previously pardoned Bannon in a separate case involving charges of conspiracy to commit mail fraud and money laundering related to a fundraising scheme for a U.S.-Mexico border wall. Last year, Bannon avoided additional prison time by pleading guilty to defrauding donors as part of a plea arrangement in New York on state-level money laundering and conspiracy charges connected to the same scheme.
On his Truth Social platform as Bannon was ordered to prison for the contempt case, the president demanded criminal prosecution of January 6 committee members, falsely claiming they had "deleted and destroyed evidence" that remains publicly available. He wrote at the time, "The unAmerican Weaponization of our Law Enforcement has reached levels of Illegality never thought possible before."
The Justice Department's motion to dismiss Bannon's case continues the administration's posture of downplaying the events of January 6, following Trump's pardons for participants in the Capitol attack and threats to prosecute investigators who charged individuals connected to the assault.
