Steve Bannon, a former adviser and strategist to former President Donald Trump, filed an appeal in federal court on Friday to challenge his conviction and sentence for criminal contempt of Congress.
Bannon’s four-month prison sentence — for failing to hand over documents or appear to testify before the House Select Committee investigating Jan. 6, 2021 — will be put on hold as he challenges the law surrounding his prosecution, the judge previously said . once appealed.
In July, a federal jury found Bannon guilty of two counts of contempt of Congress for defying the committee’s subpoena. The conviction was a victory for the House committee as it sought the cooperation of reluctant witnesses in its historic investigation.
Last month, Judge Carl Nichols — a Trump appointee — sentenced Bannon to four months on each count to run concurrently, along with a $6,500 fine. The Justice Department wanted Bannon to be sentenced to six months and fined $200,000, while Bannon had asked for probation.
After Bannon’s sentencing, a federal judge said the former Trump aide would not have to serve his sentence until an appeal of his conviction was completed, which Bannon had requested.
Bannon’s lawyers made it clear they planned to appeal his conviction to the U.S. Court of Appeals for the D.C. Circuit.
During the sentencing process, federal prosecutors had argued that Bannon should be fined $200,000 — above the $1,000-$100,000 guideline and the legal maximum for the two contempt counts he faces. They pointed to Bannon’s refusal to provide the watchdog with details about his finances as the reason for the particularly stiff fine. Justice Department lawyer JP Cooney argued that it “reinforces” contempt of the law.
Prosecutors also said that citizens put themselves in harm’s way all the time to comply with subpoenas, but Bannon “didn’t put up with such threats” and “thumbed his nose at Congress.”
Meanwhile, Bannon’s attorney, David Schoen, rejected the idea that Bannon’s lack of remorse should justify a harsher punishment. He argued that Bannon supported American values and the institutions of government, including the White House. Schoen also argued that Bannon was not acting above the law, but acting consistently with the law, because of his concerns that documents and testimony sought by the committee were potentially protected by Trump’s executive privilege.