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Jimmy Williams
A federal judge has ordered Steve Bannon, a close ally of former President Donald Trump, to report to prison by July 1. Bannon was convicted of defying a subpoena from the Jan. 6 committee investigating the Capitol attack.
U.S. District Judge Carl Nichols, who was appointed by Trump, had previously paused Bannon’s four-month prison sentence while Bannon appealed his conviction. However, on Thursday, Nichols ruled that the reasons for the postponement no longer apply. This decision came after the D.C. Circuit Court of Appeals panel ruled unanimously against Bannon’s position last month.
Bannon plans to continue his appeals to the full bench of the D.C. Circuit and the Supreme Court. But unless one of these courts intervenes, Bannon is expected to start his prison term on July 1. If Bannon goes to prison, he will remain incarcerated until just before the November election, which would keep him off the air during a critical time in the election cycle. This timing would also make his sentence difficult to pardon.
In July 2022, Bannon was convicted of two misdemeanor counts of contempt of Congress for ignoring a subpoena from the House select committee investigating the January 6 attack. Judge Nichols said, “I do not believe that the original basis for my stay of Mr. Bannon’s sentence exists anymore.”
Bannon was accompanied in court by his lawyers David Schoen and Evan Corcoran. Corcoran is also a key witness in another criminal case against Trump in Florida, where Trump is accused of keeping classified documents after leaving the White House.
Bannon is the second former Trump adviser heading to prison for defying the Jan. 6 committee. Peter Navarro, a former Trump trade adviser, is currently serving a four-month sentence in Miami for ignoring a similar subpoena. The appeals court’s decision to reject Navarro’s stay request influenced Nichols’ decision to revoke Bannon’s bail.
The Jan. 6 committee had subpoenaed Bannon early in its investigation due to his involvement in Trump’s efforts to overturn the 2020 election. The committee noted that Bannon and Navarro worked together on the “Green Bay Sweep” strategy to challenge the election results in Congress. Bannon also warned on his “War Room” podcast that “all hell is going to break loose tomorrow,” referring to January 6. Additionally, call logs showed Trump and Bannon were in contact at crucial moments before the attack.
Judge Nichols also cited the appeals court’s strong rejection of Bannon’s key arguments as a reason for revoking Bannon’s bond. “We’re going to go all the way to the Supreme Court if we have to,” Bannon said after Nichols’ decision. “There’s not a prison built or jail built that will shut me up.”
Bannon’s lawyer, Schoen, urged Speaker Mike Johnson to declare the Jan. 6 committee’s previous subpoenas invalid to support Bannon’s appeal. It remains uncertain how receptive the appeals court or the Supreme Court will be to Bannon’s plea to remain free. Earlier this year, Navarro’s similar appeal was swiftly denied by Chief Justice John Roberts without further consideration by the full court.
Navarro reported to prison in Miami the day after Roberts’ ruling and is serving his four-month sentence. Nichols noted that Navarro’s case was distinct from Bannon’s, as Navarro worked in the White House on January 6, while Bannon had left the administration years earlier. Bannon claimed his refusal to comply with the subpoena was based on his lawyer’s advice that he was immune from the committee’s demands. However, Nichols rejected this claim, referencing a 1950s case involving mobster Peter “Horseface” Licavoli, which set a precedent for punishing those who willfully refuse to comply with congressional subpoenas.
Nichols initially delayed Bannon’s sentence, believing the appeals court might overturn the Licavoli ruling. But after the appeals court rejected this argument, Nichols concluded that the delay was no longer justified.
