A federal appeals court panel on Thursday rejected a motion by Steve Bannon, a longtime ally of Donald Trump. trying to stay out of jail He is fighting to be convicted of ignoring subpoenas from a House committee investigating the attack on the U.S. Capitol.
Bannon is scheduled to return to prison by July 1 to begin serving a four-month sentence for contempt of Congress.
Earlier this month, a three-judge panel of U.S. District Judge Carl Nichols of the U.S. Court of Appeals for the D.C. Circuit granted prosecutors’ request to send Bannon to prison. stood up for his beliefs last month.
Bannon’s lawyers have asked the appeals court to allow him to remain free while he continues to fight the conviction, if necessary all the way to the Supreme Court. 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 being convicted.
Judge Cornelia Pillard, nominated by former President Barack Obama, and Judge Bradley Garcia, nominated by President Biden, voted to send Bannon to prison. Judge Justin Walker, nominated by President Trump, wrote that he should not be sentenced before the Supreme Court decides whether to take his case.
Bannon is expected to ask the Supreme Court to spare him his prison sentence. His attorney did not immediately respond to an email seeking comment Thursday.
He was found guilty of contempt of Congress nearly two years ago. One was his refusal to testify before a House committee on January 6, and the other was his refusal to provide documents related to Trump’s involvement in the effort, a Republican. , to overturn the loss of the 2020 presidential election on Democratic President Biden.
At trial, Bannon’s lawyers argued that the former Trump aide did not ignore the subpoenas but was still engaging in good faith negotiations with congressional committees at the time of the indictment. The defense said Bannon had been relying on the advice of his lawyer, who believed that because Trump had invoked executive privilege, he could not testify or produce documents.
Bannon’s lawyers say the case raises serious legal questions that will need to be resolved by the Supreme Court, but that by the time it gets there, Bannon will have already served his sentence.
In court papers, Bannon’s lawyers also argued that because Bannon is a top adviser to the Trump campaign, there is a “compelling public interest” in allowing him to remain free until the 2024 election.
Bannon’s lawyers said the Justice Department’s move to jail him now “seems like the government is trying to prevent Bannon from fully supporting his campaign and speaking out on important issues and ensuring that the government pays the correct amount.” “You need to lose weight before the Biden administration ends.”
Prosecutors said in court papers that Bannon’s “role in political discourse” was irrelevant.
“Bannon also cannot reconcile his claims for special treatment with the fundamental principle of equal justice under the law,” prosecutors wrote. “Equity application of bail laws requires Bannon’s continued detention.”
Trump’s second adviser, trade adviser Peter Navarro. He is already serving a four-month prison sentence. For contempt of Congress. Navarro also said he could not cooperate with the committee because Trump had invoked executive privilege. But while the judge barred him from making those claims at trial, he found that he had failed to show that Trump had actually made those claims.
The House of Representatives’ Jan. 6 committee’s final report alleges that Trump criminally engaged in a “multi-pronged conspiracy” to overturn the legitimate results of the 2020 election and failed to stop his supporters from attacking the Capitol, calling for an 18-month special request. The investigation has been completed. To a former president and a violent insurrection.