The Justice Department filed an unopposed motion seeking dismissal of the criminal case against Steve Bannon, who was convicted in 2022 on two counts of contempt of Congress and served four months in prison in 2024. Solicitor John D. Sauer told the Supreme Court the government now believes the indictment should be vacated and returned to the lower court for dismissal. The D.C. U.S. attorney also filed to drop the prosecution and reported that Bannon does not oppose the motion. If granted, the dismissal would be largely symbolic because Bannon already completed his sentence.
Justice Department Moves To Dismiss Steve Bannon's Jan. 6 Contempt Case
Steve Bannon asked the Supreme Court last year to weigh in on whether his conviction should be tossed. (Kayla Bartkowski / Getty Images file)(Kayla Bartkowski)
The Justice Department on Monday filed an unopposed motion asking a court to dismiss its long-running criminal prosecution of Steve Bannon, the former White House adviser convicted in connection with his refusal to cooperate with the congressional Jan. 6 committee.
Background
Bannon, a longtime ally of President Donald Trump, was convicted in 2022 on two counts of contempt of Congress for refusing to appear for a deposition and for declining to produce documents subpoenaed by the House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol. He served four months in federal prison in 2024.
Justice Department Motion
In its filing, the Justice Department said: "The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice." The motion was filed without opposition from Bannon, according to court papers.
Supreme Court Step and Lower Court Filing
Bannon had sought Supreme Court review of his conviction last year. Instead of answering that petition, Solicitor John D. Sauer — a former personal lawyer to President Trump — told the high court the government now believes the underlying indictment should be vacated and the matter returned to the lower court for dismissal.
At the same time, Jeanine Pirro, the U.S. attorney for the District of Columbia, filed a notice in the lower court asking that the prosecution be dropped and stating, "Defendant Bannon does not oppose this motion."
Context And Reactions
The Jan. 6 committee had sought more information about remarks Bannon made the day before the riot; on Jan. 5 he told listeners on his radio program,
"All hell is going to break loose tomorrow."
Bannon refused to comply with the committee's subpoena, citing assertions of executive privilege tied to former President Trump. When a jury found Bannon guilty in 2022, then-Jan. 6 committee leaders Rep. Bennie Thompson and Rep. Liz Cheney issued a statement stressing accountability: "As the prosecutor stated, Steve Bannon 'chose allegiance to Donald Trump over compliance with the law.'"
What This Means
If the courts accept the Justice Department's request and vacate the indictment, the dismissal would be largely symbolic because Bannon has already served his sentence. The filings resolve a chapter of litigation over enforcement of congressional subpoenas and the boundaries of asserted executive privilege — but they do not erase the events that led to the original prosecution.
Bannon did not immediately respond to requests for comment.
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