DOJ Urges Supreme Court to Deny Steve Bannon’s Appeal for Prison Delay

Steve Bannon, former adviser to President Donald Trump, arrives for a court appearance in New York on May 25, 2023. (Michael M. Santiago/Getty Images)

The Department of Justice is urging the Supreme Court to reject former Steve Bannon’s appeal to defer his prison time.

A June 26 brief filed with the nation’s high court outlines the Justice Department’s arguments that Mr. Bannon, a former advisor to former President Donald Trump, should be forced to report to prison on July 1.

In 2022, Mr. Bannon was found guilty of contempt of Congress for failing to appear before the House of Representatives Jan. 6 committee and turn over requested documents.

Following a prolonged legal battle that ended with the conviction, Mr. Bannon filed an emergency request on June 21 to the Supreme Court to avoid his four-month prison sentence.

According to federal prosecutors, Mr. Bannon’s appeal falls short of the “extraordinary” requirement that would allow him to remain free while his case is under review.

According to Solicitor General Elizabeth Prelogar, Bannon “responded to the subpoena with total noncompliance” and “He did not produce any documents and refused to appear for his scheduled deposition.”

“He cannot make the demanding showing necessary to override the normal requirement that a convicted defendant begin serving his sentence,” she wrote.

Trump-aligned group America First Legal filed an amicus brief with the Supreme Court on the same day as the Justice Department’s appeal, with Rep. Barry Loudermilk (R-Ga.) signing on as well.

The brief supported Mr. Bannon in his effort to avoid the four-month prison sentence.

Also on June 26 the Bipartisan Legal Advisory Group, made up of leaders from both parties in the House of Representatives, announced following a party line vote, they would file an amicus brief to appeal Mr. Bannon’s case.

“The amicus brief will be submitted after Bannon files a petition for rehearing en banc and will be in support of neither party,” Johnson, House Majority Leader Steve Scalise (R-La.), and House Majority Whip Tom Emmer (R-Minn.) said in a joint statement.

“It will withdraw certain arguments made by the House earlier in the litigation about the organization of the Select Committee to Investigate the January 6 Attack on the U.S. Capitol during the prior Congress. House Republican Leadership continues to believe Speaker Pelosi abused her authority when organizing the Select Committee.”

The Advisory Group is made up of the House Speaker, as wells whips from both parties, and takes part in directing the lower chamber of Congress in legal actions.

In his June 21 appeal in an emergency filing to the United States Supreme Court to delay the prison sentance, Mr. Bannon said that he should be allowed to stay free and added that political motives drive the prosecution’s efforts to have him imprisoned.

“If Mr. Bannon is denied release, he will be forced to serve his prison sentence before this Court has a chance to consider a petition for a writ of certiorari, given the Court’s upcoming summer recess,” lawyers for Mr. Bannon said in the emergency motion.

The applicant was allowed to remain free while waiting the results of an appeal, but after the U.S. Court of Appeals for the District of Columbia Circuit in May rejected his appeal, a judge ordered him to report to prison on July 1.

Mr. Bannon asked the appeals court to stay the sentence, but a split panel said on June 20 that Mr. Bannon’s request “does not warrant a departure from the general rule that a defendant ’shall ... be detained' following conviction and imposition of a sentence of imprisonment.”

Mr. Bannon said he relied on counsel when he declined to cooperate with congressional subpoenas.

Prosecutors have said that Mr. Bannon has failed to show that he’s raised a substantial question of law or fact, as is required.

The Epoch Times has reached out to Mr. Bannon’s attorney for comment.

Zachary Stieber contributed to this report.