Justice Department again asks judge to erase Bannon's contempt of Congress conviction

On Thursday, Nov. 5, the Justice Department renewed its request that a federal judge in Washington throw out Steve Bannon's 2022 conviction for contempt of Congress ¹². In 2022 a jury found Bannon guilty of defying a subpoena from the House committee that investigated the Jan. 6, 2021, attack on the Capitol. Bannon was President Trump's chief White House strategist during Trump's first term ²⁴.

The filing came two days after voters gave Democrats control of the House ⁸. Bannon has already served four months in prison, in 2024, and paid a $6,500 fine ²⁴. His lawyers did not oppose the request ¹.

Deputy Associate Attorney General Michael Weisbuch signed the new motion ¹. It says the government "harbors significant doubts about the fairness of Defendant's trial" ². It says the executive branch "does not believe that it is appropriate to pursue contempt of Congress charges against a former advisor to the President" ². It also says that trying to uphold the conviction "is inconsistent with this Administration's enforcement priorities" ¹³.

In these circumstances, the United States no longer wishes to pursue this prosecution.

A second try after a Trump-appointed judge said no

This is the department's second attempt. On Feb. 9, Jeanine Pirro, the U.S. attorney in Washington, asked the court to drop the case. She wrote that dismissal "is in the interests of justice" ⁵⁶. That same week, Solicitor General John Sauer asked the Supreme Court to set aside the judgment and send the case back to a lower court for dismissal ⁵⁶.

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The Supreme Court did that on April 6. It gave no explanation, and no justice noted a dissent ⁴. The order wiped out an appeals court ruling that had upheld the jury's verdict ¹.

But in August, U.S. District Judge Carl Nichols, a Trump appointee, refused for the time being to dismiss the case ⁹¹. He said the government had not properly explained why it wanted the case dropped ¹. Thursday's filing is the department's second request, and Nichols now has to rule on it ¹².

What the committee wanted from Bannon

The House Jan. 6 select committee had seven Democrats and two Republicans ⁶. Bannon argued that its subpoena violated executive privilege, the legal protection for a president's private discussions, because it asked about his contacts with Trump before the Jan. 6 rally. He also argued that the committee had been set up improperly ⁶.

On Jan. 5, the day before the attack, Bannon said on his radio program, "All hell is going to break loose tomorrow" ⁵.

When the jury convicted him in July 2022, the committee's chairman, Rep. Bennie Thompson, a Mississippi Democrat, and its Republican vice chair, Liz Cheney, put out a joint statement ⁷⁵.

The conviction of Steve Bannon is a victory for the rule of law and an important affirmation of the Select Committee's work.

The statement also said that "anyone who obstructs our investigation into these matters should face consequences" and that "No one is above the law" ⁵⁷.

The administration's own words

When the department first moved to drop the case in February, Todd Blanche, then the deputy attorney general, called the committee's subpoena "improper" ⁵. He presented the dismissal as correcting what the department sees as abuses under President Biden ⁶.

will continue to undo the prior administration's weaponization of the justice system.

The new motion also points to Trump's clemency for people charged over Jan. 6. It says Trump "has expressed grave concerns about the Biden Administration's prosecutions" connected to the attack ¹. It notes that he has issued many pardons and commutations ³. UPI reports that Trump has pardoned more than 1,500 people charged over the Capitol riot ³.

R. Trent McCotter, the acting deputy attorney general, once worked as one of Bannon's lawyers. His name does not appear on the filing ¹. The department has not made a similar request for Peter Navarro, a former Trump trade adviser who also faced Jan. 6-related contempt charges and served four months in prison ⁶.

Why the timing matters

That matters because erasing the conviction would not give Bannon back his four months in prison. What it would do is send a message to anyone who gets a subpoena from Congress in the future.

Democrats will take over House committees in January. Rep. Robert Garcia of California, the incoming chair of the Oversight Committee, posted "Lawyer up" on X the night the House changed hands ¹⁰. He has signaled that the subpoenas and investigations Bannon feared may be on the way ⁸. He has also said Blanche and other Trump officials could get subpoenas early in a Democratic majority ¹¹.

The pattern is easy to see. This Justice Department has called a past congressional subpoena "improper" and now says it no longer wants to defend a jury's guilty verdict ⁵². It is unlikely to be eager to prosecute future witnesses who defy Democratic committees. The new House majority has not yet said in public how it plans to make its subpoenas stick.

The Record

1. Jul 22, 2022A jury convicts Steve Bannon on two counts of contempt of Congress. Jan. 6 committee leaders Bennie Thompson and Liz Cheney call it a victory for the rule of law ⁷.
2. Feb 9, 2026Trump's Justice Department asks the court to dismiss Bannon's case. Todd Blanche calls the committee's subpoena improper ⁵.
3. Apr 6, 2026The Supreme Court sets aside the judgment against Bannon without explanation and sends the case back to a lower court for dismissal ⁴.
4. Aug 26, 2026Judge Carl Nichols refuses for now to dismiss Bannon's conviction ⁹. He says the government had not properly explained why ¹.
5. Nov 5, 2026The Justice Department asks again, saying it has significant doubts about the fairness of Bannon's trial ¹².

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<h2>Justice Department again asks judge to erase Bannon&#39;s contempt of Congress conviction</h2> <p><em>By The GOP Files Investigations Desk. This article first appeared on <a href="https://thegopfiles.com/story/justice-department-again-asks-judge-to-erase-bannon-s-contempt-of-congress-conviction">The GOP Files</a> on Sunday, November 8, 2026.</em></p> <p>On Thursday, Nov. 5, the Justice Department renewed its request that a federal judge in Washington throw out Steve Bannon&#39;s 2022 conviction for contempt of Congress . In 2022 a jury found Bannon guilty of defying a subpoena from the House committee that investigated the Jan. 6, 2021, attack on the Capitol. Bannon was President Trump&#39;s chief White House strategist during Trump&#39;s first term .</p> <p>The filing came two days after voters gave Democrats control of the House . Bannon has already served four months in prison, in 2024, and paid a $6,500 fine . His lawyers did not oppose the request .</p> <p>Deputy Associate Attorney General Michael Weisbuch signed the new motion . It says the government &quot;harbors significant doubts about the fairness of Defendant&#39;s trial&quot; . It says the executive branch &quot;does not believe that it is appropriate to pursue contempt of Congress charges against a former advisor to the President&quot; . It also says that trying to uphold the conviction &quot;is inconsistent with this Administration&#39;s enforcement priorities&quot; .</p> <blockquote><p>In these circumstances, the United States no longer wishes to pursue this prosecution.</p><p>&mdash; Michael Weisbuch, Deputy associate attorney general, who signed the Justice Department&#39;s motion</p></blockquote> <h2>A second try after a Trump-appointed judge said no</h2> <p>This is the department&#39;s second attempt. On Feb. 9, Jeanine Pirro, the U.S. attorney in Washington, asked the court to drop the case. She wrote that dismissal &quot;is in the interests of justice&quot; . That same week, Solicitor General John Sauer asked the Supreme Court to set aside the judgment and send the case back to a lower court for dismissal .</p> <p>The Supreme Court did that on April 6. It gave no explanation, and no justice noted a dissent . The order wiped out an appeals court ruling that had upheld the jury&#39;s verdict .</p> <p>But in August, U.S. District Judge Carl Nichols, a Trump appointee, refused for the time being to dismiss the case . He said the government had not properly explained why it wanted the case dropped . Thursday&#39;s filing is the department&#39;s second request, and Nichols now has to rule on it .</p> <h2>What the committee wanted from Bannon</h2> <p>The House Jan. 6 select committee had seven Democrats and two Republicans . Bannon argued that its subpoena violated executive privilege, the legal protection for a president&#39;s private discussions, because it asked about his contacts with Trump before the Jan. 6 rally. He also argued that the committee had been set up improperly .</p> <p>On Jan. 5, the day before the attack, Bannon said on his radio program, &quot;All hell is going to break loose tomorrow&quot; .</p> <p>When the jury convicted him in July 2022, the committee&#39;s chairman, Rep. Bennie Thompson, a Mississippi Democrat, and its Republican vice chair, Liz Cheney, put out a joint statement .</p> <blockquote><p>The conviction of Steve Bannon is a victory for the rule of law and an important affirmation of the Select Committee&#39;s work.</p><p>&mdash; Bennie Thompson, Then-chairman of the House Jan. 6 select committee, D-Miss., in a joint statement with Vice Chair Liz Cheney</p></blockquote> <p>The statement also said that &quot;anyone who obstructs our investigation into these matters should face consequences&quot; and that &quot;No one is above the law&quot; .</p> <h2>The administration&#39;s own words</h2> <p>When the department first moved to drop the case in February, Todd Blanche, then the deputy attorney general, called the committee&#39;s subpoena &quot;improper&quot; . He presented the dismissal as correcting what the department sees as abuses under President Biden .</p> <blockquote><p>will continue to undo the prior administration&#39;s weaponization of the justice system.</p><p>&mdash; Todd Blanche, Deputy attorney general at the time, Trump administration</p></blockquote> <p>The new motion also points to Trump&#39;s clemency for people charged over Jan. 6. It says Trump &quot;has expressed grave concerns about the Biden Administration&#39;s prosecutions&quot; connected to the attack . It notes that he has issued many pardons and commutations . UPI reports that Trump has pardoned more than 1,500 people charged over the Capitol riot .</p> <p>R. Trent McCotter, the acting deputy attorney general, once worked as one of Bannon&#39;s lawyers. His name does not appear on the filing . The department has not made a similar request for Peter Navarro, a former Trump trade adviser who also faced Jan. 6-related contempt charges and served four months in prison .</p> <h2>Why the timing matters</h2> <p>That matters because erasing the conviction would not give Bannon back his four months in prison. What it would do is send a message to anyone who gets a subpoena from Congress in the future.</p> <p>Democrats will take over House committees in January. Rep. Robert Garcia of California, the incoming chair of the Oversight Committee, posted &quot;Lawyer up&quot; on X the night the House changed hands . He has signaled that the subpoenas and investigations Bannon feared may be on the way . He has also said Blanche and other Trump officials could get subpoenas early in a Democratic majority .</p> <p>The pattern is easy to see. This Justice Department has called a past congressional subpoena &quot;improper&quot; and now says it no longer wants to defend a jury&#39;s guilty verdict . It is unlikely to be eager to prosecute future witnesses who defy Democratic committees. The new House majority has not yet said in public how it plans to make its subpoenas stick.</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/justice-department-again-asks-judge-to-erase-bannon-s-contempt-of-congress-conviction">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/justice-department-again-asks-judge-to-erase-bannon-s-contempt-of-congress-conviction.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. NBC News, “Justice Department moves to toss Steve Bannon's conviction tied to Congress' Jan. 6 investigation” (2026-11-05). nbcnews.com/politics/justice-department/trump-administration
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7. House Jan. 6 Select Committee (Thompson), “Thompson & Cheney Statement on Bannon Conviction” (2022-07-22). january6th-benniethompson.house.gov/news/press-releases/thom
8. The Daily Beast, “Steve Bannon Stunned by Trump's MAGA Disaster Among Men” (2026-11-04). thedailybeast.com/steve-bannon-stunned-by-trumps-maga-disast
9. AP via CTV News, “U.S. judge, for now, refuses to dismiss Steve Bannon's conviction in contempt of Congress case” (2026-08-26). ctvnews.ca/world/article/us-judge-for-now-refuses-to-dismiss
10. The Daily Beast, “Triumphant Dem Gives 'Trump Crime Family' Two-Word Warning” (2026-11-04). thedailybeast.com/triumphant-dem-robert-garcia-gives-trump-c
11. Office of Rep. Robert Garcia (reposting The Hill), “Blanche, other Trump officials could face subpoenas Day 1 of Democratic majority” (2026-06-15). robertgarcia.house.gov/media/in-the-news/hill-blanche-other-

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