DOJ Again Moves to Dismiss Steve Bannon Contempt Conviction

The Justice Department filed a renewed motion Thursday asking a federal judge in Washington to dismiss Steve Bannon’s 2022 conviction on two counts of contempt of Congress for defying a House Select Committee subpoena tied to the Jan. 6, 2021, Capitol attack, according to NBC News and ABC News.

Bannon, who served as White House chief strategist and senior counselor in President Donald Trump’s first term, was convicted in 2022 and served a four-month prison sentence in 2024. His legal team did not oppose the new motion, NBC News reported.

What the filing argues

In the Thursday filing, signed by Deputy Associate Attorney General Michael Weisbuch, the department said dismissal is in the interests of justice as an exercise of prosecutorial discretion. It said the executive branch does not believe it is appropriate to pursue contempt charges against a former presidential adviser who declined to comply with a Jan. 6-related subpoena based on an asserted belief that executive privilege applied, both outlets reported.

The filing also said the United States “harbors significant doubts” about the fairness of Bannon’s trial and whether D.C. Circuit precedent blocked him from arguing he did not willfully violate the statute. It cited Trump’s pardons and commutations for Jan. 6 defendants and said seeking to affirm the conviction is inconsistent with the administration’s enforcement priorities.

Prior denial and next step

U.S. District Judge Carl Nichols, a Trump appointee who presided over the trial, rejected an earlier Justice Department bid to dismiss the case in August, saying prosecutors had not adequately explained their reasons. Nichols allowed a renewed motion that meets local rules. The Supreme Court earlier set aside an appeals court ruling that had upheld the jury’s verdict and returned the matter to Nichols.

Developing: Judge Nichols has not ruled on Thursday’s renewed dismissal motion.

Sources: NBC News, ABC News