A federal judge on Aug. 26 rejected the Department of Justice’s (DOJ) request to dismiss the 2022 contempt of Congress indictment against former White House strategist Steve Bannon, keeping his conviction intact.
The decision by U.S. District Judge Carl Nichols, a Trump appointee, came after the DOJ filed a motion to dismiss the case in February 2025. Nichols ruled the government’s request lacked sufficient justification, stating the filing did not explain its motivations for seeking dismissal. While the judge left the door open for the DOJ to refile with additional details, the ruling preserves Bannon’s conviction for now.
Bannon was convicted in 2022 on two counts of contempt of Congress for refusing to comply with a subpoena issued by the House Jan. 6 committee, which was investigating the Jan. 6, 2021, Capitol breach. The committee was in the process of certifying the 2020 presidential election results when Bannon declined to provide testimony or documents, citing executive privilege asserted by then-President Donald Trump.
Bannon’s legal team has argued that his actions were lawful, asserting he followed legal advice to withhold compliance until privilege disputes were resolved. His lawyers also contended that the contempt statute requires proof of knowing illegal conduct, which they claim was not established in his case. The DOJ, in its dismissal request, stated that prosecutors had determined dropping the case would serve the interests of justice.
Bannon served a short prison sentence in 2024 following his conviction. His legal team has since pursued appeals, arguing that the contempt charges conflict with 150 years of case law and that the statute was improperly reinterpreted. The DOJ’s latest attempt to dismiss the case was led by U.S. Attorney for the District of Columbia Jeanine Pirro, who filed a brief motion without detailed justification, prompting Nichols’ rejection.
The ruling does not resolve the underlying legal disputes over executive privilege or the scope of congressional subpoena authority. Legal experts note that Nichols’ decision leaves open the possibility of further litigation, including potential appeals by Bannon’s legal team or renewed efforts by the DOJ to dismiss the case with stronger arguments.