Supreme Court Clears Path for Bannon's Contempt Conviction to Be Dismissed

The U.S. Supreme Court on Monday vacated the lower court ruling that upheld Steve Bannon's contempt of Congress conviction, sending the case back to the U.S. Court of Appeals for the D.C. Circuit. The court issued a brief order with no noted dissents and did not explain its reasoning. The justices noted that the Trump Justice Department has moved to dismiss the indictment against Bannon and returned the case to a lower court where a judge is expected to act on that motion.

Bannon was convicted in 2022 on two counts of contempt of Congress for refusing to comply with a subpoena from the House Select Committee investigating the Jan. 6, 2021, attack on the Capitol. A jury found him guilty after he defied the committee's demand for documents and testimony. He served a four-month prison sentence in 2024 after losing his initial appeal and also paid a $6,500 fine.

Bannon had argued that he relied in good faith on advice from his lawyer that his testimony was protected by President Trump's assertion of executive privilege. His legal team contended that prosecutors failed to prove Bannon had acted willfully, a necessary element for a contempt conviction. In filings to the Supreme Court, Bannon's attorneys raised questions about separation of powers and how executive privilege applied to the congressional subpoena, even though Bannon was not part of the Trump administration during the Capitol riot.

In February, the Trump administration concluded it was "in the interests of justice" to dismiss the case. The government's filing to the Supreme Court stated: "The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice." This decision transferred the case from the Biden administration's handling to the Trump administration's control.

Michael Buschbacher, one of Bannon's lawyers, said in an email: "This case should never have been brought, and we're delighted that the decision affirming Mr. Bannon's unlawful conviction has finally been vacated."

Because Bannon already completed his four-month prison sentence and paid his fine, overturning the conviction would be largely symbolic. The move would erase the conviction from his record but would not restore the time he spent incarcerated or the money he paid. The case now returns to the district court judge in Washington, who has the authority to act on the Trump administration's pending motion to dismiss the indictment.

Bannon served as chief White House strategist during Trump's first administration for less than a year. Since then, he has become a major voice in the Make America Great Again movement, largely through his War Room podcast.