A federal appeals court panel on Thursday rejected the decision of Steve Bannon, a longtime ally of Donald Trump. try to stay out of prison As he fights conviction for defying a subpoena from the House committee that investigated the attack on the U.S. Capitol.
Bannon is scheduled to report to prison by July 1 to begin serving his four-month sentence for contempt of Congress.
U.S. District Judge Carl Nichols, who was appointed to the bench by Trump, earlier this month granted prosecutors’ request to send Bannon to prison after a three-judge U.S. Court of Appeals panel for the DC circuit. confirmed his conviction last month.
Bannon’s lawyers asked the appeals court to allow him to remain free while he continues to fight his conviction all the way to the Supreme Court, if necessary. But in a 2-1 vote Thursday, the D.C. Circuit panel said Bannon’s case “does not warrant a departure from the general rule” that defendants begin serving their sentences after conviction.
Justices Cornelia Pillard, appointed by former President Barack Obama, and Bradley Garcia, President Biden’s nominee, voted to send Bannon to prison. Judge Justin Walker, a Trump appointee, disagreed, writing that he should not have to serve time before the Supreme Court decides whether to take up his case.
Bannon should ask the Supreme Court to overturn his prison sentence. His lawyers did not immediately respond to an email seeking comment Thursday.
He was convicted nearly two years ago of two counts of contempt of Congress: one for refusing to appear for a testimony before the House in January. 6 House Committee, and others for refusing to provide documents relating to his involvement in efforts by Trump, a Republican, to overturn his 2020 presidential election loss to President Biden, a Democrat.
Bannon’s lawyer at trial argued that the former Trump adviser did not ignore the subpoena, but was still engaged in good faith negotiations with the congressional committee when he been charged. The defense said Bannon relied on advice from his lawyer, who believed Bannon could not testify or produce documents because Trump had invoked executive privilege.
Bannon’s lawyers say the case raises serious legal questions that will likely need to be resolved by the Supreme Court, but that he will have already served his prison sentence by the time the case reaches a decision.
In court papers, Bannon’s lawyers also argued that there is a “strong public interest” in allowing him to remain free as the 2024 election approaches, because Bannon is a top adviser to the campaign of Trump.
Bannon’s lawyers said the Justice Department, by trying to jail him now, “makes it appear that the government is trying to prevent Mr. Bannon from fully participating in the campaign and speaking out on issues.” important, and also to ensure that the government does well.” of flesh before the possible end of the Biden administration.
Prosecutors said in court documents that Bannon’s “role in political discourse” was relevant.
“Nor can Bannon reconcile his request for special treatment with the fundamental principle of equal justice under the law,” prosecutors wrote. “Fair application of the bail law requires Bannon’s continued detention.”
A second Trump aide, trade adviser Peter Navarro, already serving his four-month prison sentence for contempt of Congress. Navarro also said he could not cooperate with the committee because Trump had invoked executive privilege. The judge, however, barred him from making this argument at trial, finding that he had not demonstrated that Trump had actually invoked it.
The House January. The 6 Committee’s final report claimed that Trump criminally engaged in a “multi-part conspiracy” to overturn the legal results of the 2020 election and failed to act to stop his supporters from attacking the Capitol, concluding an investigation extraordinary 18-month sentence on the former president. and violent insurrection.