After August setback, DOJ again moves to dismiss Steve Bannon contempt of Congress conviction

Renewed request filed
The Justice Department filed its latest request on Thursday, asking a federal judge to end the prosecution of Bannon, a Trump ally. The case stems from his refusal to comply with a subpoena issued by the House Select Committee investigating the Capitol attack.
The filing says the government has doubts about whether Bannon received a fair trial. It also argues that court precedent may have prevented him from raising a defense based on his belief that executive privilege made compliance unnecessary.
Earlier bid was rejected
In August, U.S. District Judge Carl Nichols denied the department’s previous request. Nichols, who presided over Bannon’s case, said prosecutors had not offered enough justification to dismiss the conviction.
Bannon was convicted on two counts of contempt of Congress in 2022. He served a four-month prison sentence in 2024.
Trump concerns cited
The new filing refers to President Trump’s strong objections to prosecutions brought by the Biden administration over the Jan. 6 attack. It also points to Trump’s broad commutations for nearly all pro-Trump rioters charged in connection with the assault.
The Justice Department’s filing says the government no longer wants to continue pursuing the case. The judge has not yet ruled on this renewed request.
Key points
- The Justice Department renewed its bid Thursday to dismiss Bannon’s conviction.
- Bannon was convicted in 2022 on two contempt counts and served four months in 2024.
- Judge Carl Nichols rejected an earlier dismissal request in August.
- The filing cites doubts about trial fairness and Trump’s concerns over Jan. 6 prosecutions.

