DOJ moves to dismiss Steve Bannon’s Jan 6 contempt case in ‘interest of justice’

The DOJ said dismissing Steve Bannon’s case serves justice, years after his 2022 contempt conviction for defying the House January 6 committee
PUBLISHED FEB 10, 2026
The Justice Department moved to dismiss the case against Steve Bannon over his Jan 6 testimony refusal, years after his contempt conviction and 2024 prison term (Getty Images)
The Justice Department moved to dismiss the case against Steve Bannon over his Jan 6 testimony refusal, years after his contempt conviction and 2024 prison term (Getty Images)

WASHINGTON, DC: The Justice Department moved to dismiss its criminal case against longtime Donald Trump ally Steve Bannon, tied to his refusal to testify before the House committee investigating the January 6, 2021, Capitol attack.

The move comes years after Bannon was convicted of contempt of Congress and months after he completed a federal prison sentence in 2024. 

NEW YORK, NEW YORK - NOVEMBER 12: Steve Bannon, former advisor to President-elect Donald Trump, gives a brief statement as he leaves Manhattan Criminal Court after a court hearing on November 12, 2024 in New York City.
Steve Bannon, former advisor to President Donald Trump, gives a brief statement as he leaves Manhattan Criminal Court after a court hearing on November 12, 2024 in New York City (Getty Images)

DOJ moves to dismiss Steve Bannon case

In a brief filing, the Justice Department said it had decided to dismiss the case using its prosecutorial discretion. “The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,” the filing stated.

Steve Bannon was convicted in 2022 on two counts of contempt of Congress after refusing to sit for a deposition and declining to produce documents requested by the House January 6 committee. The panel was investigating the events leading up to the attack on the US Capitol and sought testimony from Bannon over remarks he made the day before the riot.

Steve Bannon speaks during the Conservative Political Action Conference (CPAC) at the Gaylord National Resort Hotel And Convention Center on February 20, 2025, in Oxon Hill, Maryland (Andrew Harnik/Getty Images)
Steve Bannon speaks during the Conservative Political Action Conference (CPAC) at the Gaylord National Resort Hotel And Convention Center on February 20, 2025, in Oxon Hill, Maryland (Andrew Harnik/Getty Images)

“All hell is going to break loose tomorrow,” Bannon said on his radio show on January 5, 2021, a comment the committee wanted him to explain.

Bannon served four months in federal prison in 2024 after losing earlier appeals. If the government’s legal strategy succeeds, the dismissal would largely be symbolic, as Bannon has already completed his sentence.

Government seeks to vacate Steve Bannon conviction

Steve Bannon had asked the Supreme Court to hear his appeal last year, and the Trump administration’s response to that appeal was due.

Instead of addressing the arguments raised by Bannon, Solicitor General John D Sauer, a former personal lawyer to President Donald Trump, informed the court that the government now believes the indictment itself should be dismissed.

NEW YORK, NEW YORK - MAY 25: Steve Bannon, former advisor to President Donald Trump, arrives for a court appearance at NYS Supreme Court on May 25, 2023 in New York City. Bannon was charged last year with money laundering, conspiracy, and attempting to defraud for his role in the 'We Build the Wall' scheme. The state charges are based on the same federal charges for which Bannon was pardoned by former President Donald Trump. He and others have been alleged to have defrauded contributors to a private $25 million fundraising effort to build a wall along the U.S.-Mexico border. (Photo by Michael M. Santiago/Getty Images)
Steve Bannon, former advisor to President Donald Trump, arrives for a court appearance at NYS Supreme Court on May 25, 2023 in New York City (Getty Images)

Sauer asked the Supreme Court to vacate Bannon’s conviction and send the case back to a lower court so it can be formally dismissed. At the same time, Jeanine Pirro, the US attorney for the District of Columbia, filed paperwork with the trial judge requesting dismissal of the case. The filing noted that “Defendant Bannon does not oppose this motion.”

Bannon did not immediately respond to a request for comment.

Deputy Attorney General Todd Blanche also weighed in, calling the congressional subpoena issued to Bannon “improper” and saying the conviction should be thrown out.

Steve Bannon contempt case stems from Jan 6 probe

Steve Bannon was indicted after the House voted in 2021 to hold him in contempt of Congress. The committee had subpoenaed him for testimony and documents related to its investigation of the Capitol attack. 

Bannon refused to comply, citing President Donald Trump’s claim of executive privilege. After a jury found him guilty in 2022, leaders of the Jan 6 committee strongly criticized his actions. Chairman Bennie Thompson, a Democrat from Mississippi, and then–Vice Chair Liz Cheney, a Republican from Wyoming, issued a joint statement at the time.

: U.S. President Donald Trump speaks as he announces the creation of the U.S. strategic critical minerals reserve during an event in the Oval Office of the White House on February 02, 2026 in Washington, DC. Trump, who was joined by manufacturing leaders, administration officials and lawmakers, announced the creation of “Project Vault,” a strategic reserve of rare earth minerals to help protect American manufacturers against potential supply chain disruptions. (Photo by Alex Wong/Getty Images)
President Donald Trump speaks as he announces the creation of the US strategic critical minerals reserve during an event in the Oval Office of the White House on February 02, 2026 in Washington, DC (Getty Images)

“As the prosecutor stated, Steve Bannon ‘chose allegiance to Donald Trump over compliance with the law,’” they said. “Just as there must be accountability for all those responsible for the events of January 6th, anyone who obstructs our investigation into these matters should face consequences.”

Bannon made multiple attempts to appeal his conviction over the years, but those efforts had previously failed.

Bannon rose to national prominence after leading Trump’s 2016 presidential campaign and later serving in the White House as a senior counselor and chief strategist.

His tenure lasted less than a year, but he remained a vocal and influential supporter of Trump afterward. Today, Bannon hosts a popular podcast and remains a prominent figure in Trump-aligned political circles.

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