The decision marks a significant development in Bannon's legal saga, which has spanned several years. Despite his conviction, Bannon has been able to avoid imprisonment thus far by remaining out on bond while challenging the ruling.
Bannon's lawyer has indicated plans to file a new Appeal, citing "important constitutional issues at stake." According to Bannon's legal team, he was simply attempting to negotiate with the committee rather than ignore its subpoenas. They argue that the case against him is politically motivated.
In a unanimous decision, the US DC Circuit Court of Appeals rejected Bannon's argument, with Justice Bradley Garcia stating, "This exact 'advice of counsel' defense is no defense at all." The court's ruling affirmed the legality of the subpoenas issued to Bannon and underscored the importance of compliance with congressional investigations.
Despite the setback, Bannon has not been immediately ordered to begin serving his four-month prison sentence. He has been given seven days to file another appeal. His lawyer, David Schoen, plans to request a hearing with the full 11-member DC appeals court to reconsider the case.
Schoen argued that Bannon was following legal advice when he refused to testify before Congress, citing Donald Trump's invocation of executive privilege. According to Schoen, Bannon would have been breaking the law if he had complied with the subpoenas.
The case bears similarities to that of Peter Navarro, another senior Trump aide, who reported to prison in March after his own contempt of Congress conviction. Navarro, in his 2021 memoir, claimed responsibility for orchestrating a strategy to challenge the results of the 2020 election that resulted in Joe Biden's presidency.
Bannon rose to prominence as a key figure in Donald Trump's successful 2016 election campaign and later served as his chief strategist at the White House. However, he left the administration following the violent far-right rally in Charlottesville, Virginia, in August 2017. Despite his departure, Bannon remained a close ally of Trump and continued to be a prominent figure in right-wing media circles.
The court's decision represents a significant blow to Bannon and underscores the legal consequences of defying congressional subpoenas. It also highlights the ongoing scrutiny surrounding the events of January 6th and the efforts to hold those involved accountable.
As Bannon prepares to potentially face prison time, the case serves as a reminder of the broader implications of his actions and the legal challenges facing former Trump associates. With his legal team vowing to continue the fight, the saga is far from over, and the outcome could have lasting repercussions for Bannon and others involved in the events of January 6th.
