Federal Criminal Cases
Bannon Contempt of Congress Indictment
Major Issue: Whether an individual who once worked for former President Trump can be convicted on criminal contempt of Congress charges for failing to produce documents or appear for a deposition before the January 6th committee examining the 2021 attack on the U.S. Capitol.
Case Status: Awaiting Appeals Court ruling.
Case Description: On September 23, 2021, the House Select Committee to Investigate the January 6th Attack on the United States Capitol issued a subpoena to Steve Bannon requesting documents and deposition testimony related to the 2020 presidential election and January 6th attack. Mr. Bannon, a private citizen, had been a policy adviser to former President Trump for approximately seven months in 2017. He declined to produce any documents by the Oct. 7th due date or appear for a deposition on Oct. 14th as required by the subpoena. On Oct. 21, 2021, the House voted to hold him in contempt of Congress. On Nov. 12, 2021, the U.S. Department of Justice (DOJ) indicted Mr. Bannon on two counts of criminal contempt of Congress for failing to produce documents and for failing to appear at a deposition required by the committee subpoena.
Procedural Posture: The indictment was filed in the U.S. District Court for the District of Columbia. DOJ and Mr. Bannon initiated a number of pre-trial motions. The trial began on July 18, 2022. On July 22, 2022, the jury found Mr. Bannon guilty on both contempt charges. On Oct. 21, 2022, the court sentenced Mr. Bannon to four months in prison and fined him $6,500, but stayed his sentence pending appeal. On Nov. 7, 2022, Mr. Bannon filed an appeal of his conviction with the D.C. Circuit Court of Appeals. On May 10, 2024, the D.C. Circuit panel affirmed the Bannon conviction. On May 14, 2024, DOJ asked the District Court to lift the stay on Mr. Bannon’s sentence and order him to prison. On June 6, 2024, after a hearing, the District Court ordered Mr. Bannon to report to prison by July 1, 2024. On June 11, 2024, he filed an emergency appeal with the D.C. Circuit. On June 20, 2024, the D.C. Circuit denied the Bannon emergency motion. On June 28, 2024, the Supreme Court also denied a Bannon motion for release pending appeal. On July 15, 2024, Mr. Bannon petitioned the D.C. Circuit for a rehearing en banc of both the decision that affirmed his conviction and the order to report to prison. On July 31, 2024, DOJ opposed the Bannon motion for a rehearing en banc.
On Nov. 12, 2021, DOJ filed the Bannon indictment with the U.S. District Court for the District of Columbia. Judge Carl J. Nichols was assigned to Case No. 1:21-cr-670 (CJN). Both DOJ and Mr. Bannon filed numerous pre-trial motions seeking adjudication of a variety of issues. The court generally restricted the evidence admissible at trial. The trial began on July 18, and concluded on July 22, 2022, when the jury found Mr. Bannon guilty of two counts of criminal contempt of Congress. On Oct. 21, 2022, the court sentenced Mr. Bannon to four months in prison and fined him $6,500, but stayed the sentence pending his appeal. After the D.C. Circuit Court rejected Mr. Bannon’s appeal and affirmed his conviction, DOJ asked the District Court, on May 14, 2024, to lift the stay on Mr. Bannon’s sentence and order him to prison. On June 6, 2024, after a hearing, Judge Nichols ordered Mr. Bannon to report to prison by July 1, 2024. Mr. Bannon began his four-month prison term on July 1, 2024.
- House resolution recommending contempt (10-21-21)(26 pages)
- Bannon indictment (11-12-2021)(9 pages)
- Bannon arrest warrant (11-12-21)(1 page)
- Bannon plea of not guilty (11-17-2021)(2 pages)
- DOJ motion for protective order on discovery (11-17-2021)(2 pages)
- Bannon opposition to protective order (11-24-2021)(11 pages)
- DOJ reply supporting protective order (11-28-2021)(10 pages)
- Bannon sur-reply opposing protective order (11-30-2021)(7 pages)
- Joint status report (12-6-2021)(8 pages)
- District Court order establishing protective order for discovery (12-10-2021)(5 pages)
- Bannon position on pre-trial scheduling (12-16-2021)(4 pages)
- DOJ motion to exclude time (12-16-2021)(4 pages)
- District Court order setting scheduling dates (1-3-2022)(4 pages)
- Bannon motion to compel discovery on subpoenas for his legal counsel’s telephone & email records (2-4-2022)(19 pages)
- Bannon motion to compel discovery (2-4-2022)(28 pages)
- DOJ motion to exclude evidence on advice-of-counsel defense (2-4-2022)(8 pages)
- DOJ exhibit with letters to be excluded (2-4-2022)(10 pages)
- Bannon opposition to DOJ motion to exclude evidence on advice-of-counsel defense (2-25-2022)(27 pages)
- DOJ opposition to Bannon motions to compel discovery (2-25-2022)(29 pages)
- DOJ exhibit 2 supporting opposition to motion to compel (2-25-2022)(3 pages)
- Bannon reply supporting motion to compel discovery on counsel’s telephone & email records (3-8-2022)(26 pages)
- Bannon exhibit 1 supporting his reply – Costello declaration (3-8-2022)(37 pages)
- Bannon exhibit 2 supporting his reply – Google letter (3-8-2022)(10 pages)
- Bannon exhibit 3 supporting his reply – Google letter (3-8-2022)(5 pages)
- Bannon exhibit 4 supporting his reply – Oath letter (3-8-2022)(2 pages)
- Bannon reply supporting his general motion to compel discovery (3-8-2022)(14 pages)
- DOJ reply supporting its motion to exclude evidence on advice-of-counsel defense (3-8-2022)(28 pages)
- DOJ exhibit 4 supporting reply – House memo (3-8-2022)(3 pages)
- DOJ exhibit 5 supporting reply – Bannon counsel emails (3-8-2022)(6 pages)
- DOJ exhibit 6 supporting reply – Bannon counsel emails (3-8-2022)(5 pages)
- DOJ exhibit 7 supporting reply – Bannon counsel emails (3-8-2022)(4 pages)
- DOJ sur-reply opposing Bannon motions on telephone & email records (3-14-2022)(10 pages)
- Bannon response to DOJ sur-reply (3-15-2022)(7 pages)
- Transcript of Bannon-DOJ oral argument before court (3-16-2022)(100 pages)(filed as Exhibit 2 to DOJ filing on 5-17-2022)
- Bannon sur-reply opposing DOJ motion to exclude evidence on advice-of-counsel defense (3-17-2022)(9 pages)
- Bannon supplemental brief opposing DOJ motion to exclude evidence on advice-of-counsel defense (3-22-2022)(12 pages)
- DOJ response to Bannon supplemental brief (3-29-2022)(10 pages)
- Bannon reply to DOJ response (3-30-2022)(6 pages)
- DC District Court order granting DOJ motion to exclude evidence on advice-of-counsel defense (4-6-2022)(4 pages)
- Bannon motion to dismiss case (4-15-2022)(62 pages)
- Bannon motion to exclude evidence on counsel’s telephone & email records (4-15-2022)(6 pages)
- Bannon notice of public authority and entrapment defenses (4-15-2022)(2 pages)
- DOJ motion to exclude evidence on subpoena defects (4-15-2022)(10 pages)
- DOJ motion to exclude evidence on prior Bannon subpoenas (4-15-2022)(6 pages)
- DOJ motion to exclude evidence on prior DOJ writings on executive branch immunity (4-15-2022)(20 pages)
- DOJ exhibit 1 supporting its motion on DOJ writings – White House letter to Bannon counsel finding no executive privilege related to Mr. Bannon (4-15-2022)(2 pages)
- DOJ response to Bannon notice re public authority & entrapment defenses (4-29-2022)(3 pages)
- Bannon opposition to DOJ motion to exclude evidence on subpoena defects (5-6-2022)(11 pages)
- Bannon opposition to DOJ motion to exclude evidence on prior Bannon subpoenas (5-6-2022)(11 pages)
- Bannon opposition to DOJ motion to exclude evidence on prior DOJ writings on executive branch immunity (5-6-2022)(25 pages)
- DOJ opposition to Bannon motion to exclude evidence (5-6-2022)(6 pages)
- DOJ opposition to motion to dismiss (5-6-2022)(48 pages)
- Bannon reply supporting his motion to dismiss (5-17-2022)(30 pages)
- Bannon exhibit 1 supporting his motion – subpoena (5-17-2022)(9 pages)
- Bannon reply supporting his motion to exclude evidence (5-17-2022)(6 pages)
- DOJ reply supporting its motion to exclude evidence on subpoena defects (5-17-2022)(9 pages)
- DOJ reply supporting its motion to exclude evidence on prior Bannon subpoenas (5-17-2022)(9 pages)
- DOJ reply supporting its motion to exclude evidence on prior DOJ writings on executive branch immunity (5-17-2022)(19 pages)
- House amicus brief supporting DOJ (5-25-2022)(26 pages)
- House minority leaders McCarthy and Scalise amicus brief supporting Bannon (5-25-2022)(15 pages)
- Transcript of Bannon-DOJ motions hearing with court rulings (6-15-2022)(179 pages)
- Bannon motion to exclude evidence of Jan. 6th attack on Capitol (6-17-2022)(4 pages)
- DOJ omnibus motion to exclude evidence (6-17-2022)(17 pages)
- Bannon motion to continue trial (6-29-2022)(16 pages)
- Joint motion on jury instructions (6-30-2022)(64 pages)
- DOJ opposition to Bannon motion to continue trial (7-1-2022)(11 pages)
- DOJ omnibus response to Bannon motions to exclude evidence (7-1-2022)(7 pages)
- Bannon counsel motion to withdraw (7-8-2022)(4 pages)
- DOJ motion to exclude evidence on Bannon recent committee offer (7-11-2022)(5 pages)
- Transcript of Bannon-DOJ motions hearing with court rulings (7-11-2022)(153 pages)
- Bannon opposition to DOJ motion to exclude evidence on Bannon recent committee offer (7-13-2022)(9 pages)
- DOJ reply supporting its motion to exclude evidence on Bannon recent committee offer (7-13-2022)(8 pages)
- Bannon renewed motion to dismiss case (7-15-2022)(24 pages)
- DOJ opposition to Bannon motion to dismiss case (7-16-2022)(5 pages)
- DC District Court final jury instructions (7-22-2022)(30 pages)
- Jury verdict (7-22-2022)(1 page)
- DC District Court order denying motion for acquittal (7-27-2022)(2 pages)
- DOJ reply regarding publicity during trial (7-28-2022)(3 pages)
- Bannon motion for a new trial (8-5-2022)(17 pages)
- Bannon memorandum in support of motion to exclude evidence or dismiss indictment (8-5-2022)(17 pages)
- DOJ response in opposition to motion to exclude evidence or dismiss indictment (8-12-2022)(15 pages)
- Bannon reply to DOJ response (8-19-2022)(8 pages)
- DOJ response in opposition to Motion for a new trial (8-19-2022)(19 pages)
- DC District Court order resolving certain motions (9-2-2022)(5 pages)
- DOJ sentencing memo (10-17-2022)(24 pages)
- Bannon sentencing memo (10-17-2022)(20 pages)
- District Court order staying sentence pending appeal (11-7-2022)(1 page)
- DOJ motion to lift stay on Bannon sentence (5-14-2024)(3 pages)
- Bannon opposition to DOJ motion to lift stay (5-20-2024)(30 pages)
- Bannon motion to reinstate bail or for supervised release (8-29-2024)(11 pages)
On Nov. 7, 2022, Steve Bannon appealed his conviction for contempt of Congress. A three-judge panel from the D.C. Circuit Court of Appeals, with Judges Garcia, Pillard, and Walker, was assigned to Case No. 22-3086. On May 3, 2023, Mr. Bannon filed his opening appellate brief. On Nov. 9, 2023, the appellate panel heard oral argument in the Bannon case. On May 10, 2024, the D.C. Circuit panel affirmed the Bannon conviction. After the District Court ordered Mr. Bannon to report to prison by July 1st, Mr. Bannon filed an emergency appeal with the D.C. Circuit on June 11, 2024. On June 20, 2024, in a 2-1 ruling, the D.C. Circuit denied the Bannon emergency motion. On July 15, 2024, Mr. Bannon petitioned the court for a rehearing en banc of both the decision that affirmed his conviction and the order to report to prison. On July 31, 2024, DOJ opposed the Bannon motion for a rehearing en banc.
- Bannon brief appealing conviction for contempt of Congress (5-3-2023)(80 pages)
- DOJ opposition to Bannon appeal (6-2-2023)(82 pages)
- Bannon reply brief (6-23-2023)(34 pages)
- Unopposed motion to delay oral argument (9-29-2023)(4 pages)
- D.C. Circuit opinion upholding Bannon conviction (5-10-2024)(20 pages)
- Bannon emergency motion for release pending appeal (6-11-2024)(36 pages)
- DOJ opposition to Bannon emergency motion (6-17-2024)(25 pages)
- Bannon reply supporting his emergency motion (6-17-2024)(16 pages)
- DC Circuit opinion denying Bannon emergency motion (6-20-2024)(5 pages)
- Bannon petition for rehearing en banc (7-15-2024)(54 pages)
- DOJ opposition to Bannon petition for rehearing en banc (7-31-2024)(16 pages)
On June 21, 2024, Steve Bannon filed an emergency application with the Supreme Court for continued release from prison pending appeal. On June 26, 2024, the Department of Justice opposed the motion. On June 28, 2024, the Supreme Court denied the Bannon motion, thereby requiring him to report to prison by July 1, 2024.
- Bannon emergency application for continued release pending appeal (6-21-2024)(47 pages)
- DOJ opposition to Bannon motion (6-26-2024)(40 pages)
- Amicus brief by Rep. Loudermilk supporting Bannon motion (6–26-2024)(20 pages)
- Supreme Court order denying Bannon motion for release pending appeal (6-28-2024)(1 page)
