Bannon files emergency appeal with Supreme Court to stay out of prison

Ex-Trump adviser Steve Bannon filed an emergency appeal Friday with the Supreme Court — a last-ditch bid to stay out of prison while appealing his conviction for evading the House committee that investigated the Jan. 6, 2021, Capitol attack. 

“An even-handed approach thus strongly favors allowing Mr. Bannon to remain on release,” Bannon attorney Trent McCotter wrote in the 47-page appeal to the high court. 

“There is also no denying the fact that the government seeks to imprison Mr. Bannon for the four-month period immediately preceding the November presidential election,” McCotter added. “There is no reason for that outcome in a case that presents substantial legal issues.”

Bannon was found guilty on two counts of contempt of Congress in 2022 after failing to appear before the House Jan. 6 committee and refusing to turn over documents. A federal judge sentenced him to four months of incarceration, and he was ordered to report to prison by July 1. 

Late Thursday, a federal appeals panel denied Bannon’s efforts to stay out of jail in a 2-1 decision. The majority opined that Bannon “knew what the subpoena required yet intentionally refused to appear or to produce any of the requested documents.”

In a dissenting opinion, Judge Justin Walker — an appointee of former President Trump — wrote that Bannon should not be incarcerated before the Supreme Court considers the appeal of his conviction.

“Applicant Mr. Bannon seeks the narrow relief of continued bail pending completion of his further appeals—relief that Judge Walker would have granted below, as explained in his dissent,” McCotter wrote. 

The Justice Department’s response to Bannon’s request is due by Wednesday.

Bannon is the second Trump adviser sentenced to jail in connection with efforts to evade the House Jan. 6 committee. Peter Navarro, a former economic adviser to Trump, is serving a four-month sentence for contempt of Congress after his emergency appeals all failed, including at the Supreme Court. His release is scheduled for July 17. 

Updated at 11:37 a.m. EDT