Steve Bannon Suffers Legal Setback
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
Former White House adviser Steve Bannon has suffered a legal setback after the D.C. Circuit Court of Appeals denied his request to consider vacating his contempt of Congress conviction.
Bannon began a four-month prison sentence on July 1, 2024, after he was found guilty in 2022 of two counts of contempt of Congress for failing to respond to a subpoena issued by the House Select Committee investigating the January 6 riot at the Capitol. He was released in October.
Newsweek has contacted Bannon's legal team via email outside of regular office hours.
Steve Bannon at the 2025 Conservative Political Action Conference (CPAC) in National Harbor, Maryland, U.S., on Friday, February 21, 2025.
Steve Bannon at the 2025 Conservative Political Action Conference (CPAC) in National Harbor, Maryland, U.S., on Friday, February 21, 2025.
Annabelle Gordon/CNP/picture-alliance/dpa/AP Images
Why It Matters
After President Donald Trump's decided to pardon or commute the sentences of nearly 1,600 January 6 Capitol rioters, Bannon was looking to expunge his record.
What To Know
Bannon, who was an adviser to President Trump in the first year of his first term, was charged with contempt of Congress after failing to appear for a deposition and refusing to produce documents that were requested by the House Select Committee.
Bannon appealed the charges several times. The Supreme Court denied his request to stave off his sentence, resulting in him serving his prison sentence in full in 2024.
His request for the D.C. Circuit Court to vacate his charges stems from his argument that his refusal to comply with his subpoena was not done "willfully," and that he only defied the subpoena at the request of his legal representation who warned that complying would result in exposing privileged information.
He also argued that Congress would have been more harsh on him if he had appeared but refused to answer questions, instead of failing to appear at all.
Five circuit court judges did not agree with this argument, with Judge Brad Garcia writing: "As Bannon sees it, then, a conviction for failing to appear at all would require a showing of bad faith, but a conviction for appearing and refusing to answer relevant questions would not. I am skeptical that Congress intended to enact such a scheme. Imagine a witness who genuinely believed his lawyer's advice that a privilege justified refusing to testify on subjects listed in a subpoena.
"On Bannon's reading, that witness could not be convicted if he declined to appear before a congressional committee altogether. Yet he could be convicted if he appeared but declined to answer specific questions based on the same advice. That construction makes little sense."
The dissenting judges argued that Bannon's interpretation of "willfully" is an important legal question, and said that Bannon was protecting documents from the White House covered by executive privilege—the ability for someone within the executive branch to withhold confidential information from Congress—when refusing the subpoena.
Bannon has already been pardoned by Trump in the last days of his first term in 2021 over the former's fraud charges, for which he was awaiting trial. He was set to go to court over allegedly defrauding donors for Trump's 2016 "We Build the Wall" campaign.
The 2021 presidential pardon only covered his federal charges. In February 2025, Bannon pleaded guilty to his New York State charge of defrauding donors who gave money toward building a wall at the U.S.-Mexico border. Bannon was found to have diverted hundreds of thousands of dollars from donors to associates. Bannon's plea deal resulted in him avoiding jail time.
Steve Bannon pleads guilty to a fraud charge related to the 'We Build the Wall" scheme, Tuesday, Feb. 11, 2025, at the state court in New York.
Steve Bannon pleads guilty to a fraud charge related to the 'We Build the Wall" scheme, Tuesday, Feb. 11, 2025, at the state court in New York.
Curtis Means/Pool Photo via AP
What People Are Saying
DC Circuit Judge Brad Garcia's concurring remarks: "Bannon has not tenably explained why Congress would pass a law that encourages less-cooperative conduct. His reading is especially perplexing given that the purpose of the contempt-of-Congress statute is to facilitate congressional inquiry...Common-sense arguments support the long-settled interpretation of "willfully" in this statute. And Bannon's reading is not necessary to give that term meaning. Those considerations further support our denial of rehearing en banc."
DC Circuit Judge Neomi Rao for the dissent: "Stephen Bannon, a former advisor to President Donald Trump, invoked executive privilege and refused to comply with a legislative subpoena seeking information about the events of January 6. He was convicted of criminal contempt of Congress and imprisoned. A panel of this court affirmed Bannon's convictions. I would grant rehearing en banc because Bannon's petition raises questions of exceptional importance."
What Happens Next
Bannon has served his time in prison for these charges and will not be serving time for his separate guilty plea from earlier in 2025.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Newsweek
28 minutes ago
- Newsweek
Greg Abbott Threatens to 'Eliminate' Almost Every Texas Democratic Seat
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Texas Republican Governor Gregg Abbott has warned Democrats that he could "eliminate" 10 of his state's 12 Democratic-held seats if the two parties were to launch a nationwide battle to redraw congressional maps. Why It Matters Democrats and Republicans in the Lone Star State are embroiled in an escalating showdown over the GOP's efforts to redraw the congressional map to gain five seats in the U.S. House of Representatives as the 2026 midterms loom. President Donald Trump has thrown his support behind Texas Republicans' redistricting efforts. His Republicans face vulnerabilities ahead of next year's elections and a new poll showing the president's approval rating suddenly dropping among conservatives will increase Republican worries about the midterms, and raise the stakes for both parties as they wrangle over congressional maps. President Donald Trump, left, and Texas Governor Greg Abbott field questions on July 11 in the wake of the catastrophic flooding in Kerrville, Texas. President Donald Trump, left, and Texas Governor Greg Abbott field questions on July 11 in the wake of the catastrophic flooding in Kerrville, To Know Abbott, in comments aired by KWTX News 10, said Democrats would lose any nationwide battle over redrawing congressional maps because blue states have fewer Republican districts to play with. "All those big, blue states, they've already gerrymandered. Look at the map of Illinois, look at the map of California, New York and Massachusetts and so many other blue states, they gerrymandered a long time ago, they've got nothing left with regard to what they can do," Abbott said. "And know this, if California tries to gerrymander five more districts, listen, Texas has the ability to eliminate 10 Democrats in our state. We can play that game more than they can because they have fewer Republican districts in their states," Abbott said. Texas has 38 seats in the U.S. House of Representatives. The GOP holds 25 and the Democrats have 12, with one vacancy. Nationally, Republicans hold 219 House seats while Democrats have 212, with four vacancies. Two seats left vacant after the deaths of two Democrats—in Arizona and Texas—will be decided in special elections in the fall. If the GOP loses both in the heavily blue districts, Democrats will inch to within three seats of a House majority, and there are several dozen competitive districts out of 435. The two parties have long traded accusations of gerrymandering, or amending maps in the interests of one side over another to create "safe" electoral seats, in various states around the country. Texas' plan to redistrict, or redraw legislative district boundaries, has in turn kicked off a broader fight between blue and red states, with at least nine, including Texas, New York and California, saying they are considering redrawing their maps, according to officials and media reports. California Democratic Governor Gavin Newsom has warned that if Texas Republicans follow through with their push to redistrict their state, he will retaliate by doing the same in California, which is already heavily blue. In a letter to Trump on Monday, Newsom urged the president to abandon his push, telling him he is "playing with fire" and "risking the destabilization of our democracy." What People Are Saying Trump, referring to the 2024 presidential election, told CNBC on August 5: "I won Texas. I got the highest vote in the history of Texas, as you probably know, and we are entitled to five more seats." Newsom, in his letter to Trump on Monday, said: "If you will not stand down, I will be forced to lead an effort to redraw the maps in California to offset the rigging of maps in red states." What Happens Next Legal experts anticipate that any aggressive redistricting moves could prompt court challenges. Historically, lawsuits have delayed or overturned redistricting plans when courts deemed them unconstitutional or in violation of the Voting Rights Act of 1965.
NBC News
2 hours ago
- NBC News
Trump's tax law will mostly benefit the rich, while leaving poorer Americans with less, CBO says
WASHINGTON — President Donald Trump 's tax and spending law will result in less income for the poorest Americans while sending money to the richest, the nonpartisan Congressional Budget Office reported Monday. The CBO estimates that the 10% of poorest Americans will lose roughly $1,200 a year as they experience restrictions on government programs like Medicaid and food assistance, while the richest 10% of Americans will see their income increase by $13,600 from tax cuts. Overall, American households will see more income from the tax cuts in the legislation, including middle income households, but the largest benefit will go to the top 10% of earners. The CBO's report comes as lawmakers are away from Washington, many taking their messages about the bill to voters. Republicans muscled the legislation — deemed 'the big, beautiful bill' by Trump — through Congress in July. Democrats all vehemently opposed the legislation, warning that its tax cuts and spending priorities would come at the expense of vital government aid programs and a ballooning national debt. 'This really is a big, beautiful bill for billionaires, but for the poor and the working class in this country, you are actually poorer,' said Rep. Brendan Boyle, the top Democrat on the House Budget Committee, in an MSNBC interview on Monday. Changes to eligibility for government food assistance under the law will impact millions of Americans, the CBO found. Roughly 2.4 million people won't be eligible for the Supplemental Nutrition Assistance Program under new work requirements for many recipients. Low-income Americans could also see their income reduced through further restrictions on food aid and other types of assistance included in the law. Already, more than 10 million Americans are expected to be without health insurance by 2034 due to changes to Medicaid under the law. Following release of the report, Rep. Jason Smith, the Republican chair of the House Ways and Means Committee, said he took issue with CBO's methodology, repeating criticism he has made in the past. 'CBO has a troubled track record of getting its estimates incorrect and, like Democrats, is biased in favor of more federal spending and higher taxes,' Smith said on social media. 'Don't buy it.' Republicans have been eager to sell the upsides of the legislation — arguing that the tax cuts will spur economic growth — while they are on a monthlong summer break from Washington. But those who have held townhalls in their home districts have often been greeted by an earful from voters and activists. 'Tax the rich,' the crowd in Lincoln, Neb. chanted last week as Republican Rep. Michael Flood attempted to defend the bill. Still, Trump has been undeterred.
Fox News
2 hours ago
- Fox News
Democratic whistleblower told FBI that Adam Schiff approved classified leaks to target Trump
A Democratic whistleblower told the FBI that Adam Schiff approved leaking classified information in order to discredit President Donald Trump, according to newly-released documents. The documents, which were obtained by Just The News, were recently handed over to Congress by FBI Director Kash Patel. The whistleblower reportedly worked for Democrats on the House Intelligence Committee for over ten years, and reported Schiff's alleged behavior to the FBI in 2017. According to the report, the intelligence staffer called the leaking "treasonous" and "illegal," in addition to being unethical. He was most recently interviewed by the FBI in 2023. The staffer also said that he personally attended a meeting where Schiff greenlit the leak. "When working in this capacity, [redacted staffer's name] was called to an all-staff meeting by SCHIFF," the documents state, per Just The News. "In this meeting, SCHIFF stated the group would leak classified information which was derogatory to President of the United States DONALD J. TRUMP. SCHIFF stated the information would be used to indict President TRUMP." "[The whistleblower] stated this would be illegal and, upon hearing his concerns, unnamed members of the meeting reassured that they would not be caught leaking classified information," the report added. John Solomon, who co-authored the piece with Just The News' Jerry Dunleavy, appeared on Fox News Channel's "Hannity" to discuss the report. "This is the first of several major leak investigations we're going to see over the next several days," Solomon said. "You're going to see other major people that were clearly identified by the FBI, having leaked classified secrets." "Their own staff turned them in when interviewed by the FBI. Nothing, again, happened," he added. "It's a common pattern. The question now is, in Donald Trump's Justice Department, does that dynamic change?" Soon after the report was published, Patel shared it on X, saying that the FBI "found it [and] declassified it."
