Judge lets Steve Bannon stay out of jail as he appeals contempt of Congress conviction

A judge has agreed to let former Donald Trump adviser Steve Bannon stay out of jail while he appeals his contempt of Congress conviction.

Bannon was convicted in July 2022 after refusing to speak to the House Select Committee investigating the 2020 election overthrow attempts and Jan. 6 attack in 2021. Bannon was no longer employed at the White House when he was called.

Former federal and state prosecutor Eric Lisann reported the ruling by Judge Carl Nichols.

"The trial judge stayed the sentence of 4 months imprisonment pending appeal," explained Lisann. "The appeal languished in the D.C. Circuit before it was argued in November '23 before Judges Pillard, Garcia, and Walker, who are still deliberating the case."

At issue is whether Bannon should have been "allowed to testify to the trial jury." According to Bannon, he relied on the advice of his lawyers "not to comply with the subpoena."

“Mr. Bannon acted in the only way he understood from his lawyer that he was permitted to behave,” attorney David Schoen told the Associated Press. He said that they were prevented from making the argument at trial.

Judge Nichols "had agreed with the prosecution that the law and facts of the case precluded Bannon from so testifying. Bannon then declined to testify at all," explained Lisann.

There were two counts of contempt, one for refusing to comply with a subpoena and the second for not providing requested documents, the Justice Department said.

On Nov. 12, 2021, the House voted to hold Bannon in contempt.

Far-right ally, Peter Navarro, was also held in contempt for refusing to cooperate with the committee. He was found guilty and also intends to appeal, though the judge has refused to delay his sentence for that appeal.

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U.S. District Judge Amit P. Mehta wrote in his 12-page ruling that Navarro's claims didn't pose a “substantial question of law,” much less a close call, the Washington Post reported this month.

Navarro “shall report to the designated Bureau of Prisons (“BOP”) facility on the date ordered by the BOP," said the judge, though the Post reported he has not received a reporting date.