By Karim Hammam
The Trump administration's Justice Department moved Thursday to vacate Steve Bannon's conviction on two counts of contempt of Congress related to the Jan. 6 Capitol attack investigation. Bannon, who served as White House chief strategist and senior counselor during Donald Trump's first term, was convicted in 2022 and served a four-month prison sentence.
DOJ Cites Prosecutorial Discretion and Executive Privilege
In a court filing signed by Deputy Associate Attorney General Michael Weisbuch, the department argued that dismissal is in the interests of justice. It stated the Executive Branch does not believe it appropriate to pursue contempt charges against a former presidential advisor who declined to comply with a subpoena based on an asserted belief in executive privilege. The filing also noted the administration harbors significant doubts about the trial's fairness.
Alignment with Trump's Jan. 6 Pardons
The motion referenced President Trump's grant of pardons and commutations to numerous Jan. 6 defendants on his first day back in office. The department said seeking to affirm Bannon's conviction would be inconsistent with the current administration's enforcement priorities.
Previous Court Rulings
U.S. District Judge Carl Nichols had previously denied a motion to dismiss the indictment, saying the government had not adequately explained its reasoning. The Supreme Court later returned the case to Nichols, wiping out an appeals court ruling that had upheld the jury's verdict.
Personnel Note
Acting Deputy Attorney General R. Trent McCotter previously served as Bannon's counsel, though his name does not appear on the Justice Department's filing.
