Threat to Democracy Steve Bannon Will Be in Jail Through Election

A three-judge panel on the U.S. Circuit Court for the District of Columbia rejected Steve Bannon’s appeal case Friday, upholding a criminal court’s ruling that the former adviser to Donald Trump must serve jail time.

Bannon was convicted by a jury in 2022 on two counts of contempt of Congress for refusing to respond or comply with a subpoena request issued by the January 6 House Select Committee. He was sentenced that year to four months in jail but has remained free while he appealed the decision. If he begins the sentence soon, he could be in prison during the election in November.

“Because we have no basis to depart from that binding precedent, and because none of Bannon’s other challenges to his convictions have merit, we affirm [the conviction],” the panel wrote in a 20-page opinion, noting that a contrary ruling on Bannon’s crime would “hamstring Congress’s investigatory authority.”

Bannon claimed he could not comply with the Congressional subpoena on the basis of assumed executive privilege, arguing that—although he was a private citizen at the time—his discussions with Trump were confidential.

Bannon will likely attempt to appeal the case again, either to the 11-member bench of the appeals court or to the Supreme Court. In the meantime, he is likely headed to prison.

Another of Trump’s former advisers—Peter Navarro—faced a similar fate in January, when he was sentenced to four months in prison after spending years dodging a congressional subpoena. All of his attempts to overturn his sentence have failed.

This story has been updated.