Trump-appointed judge dismisses DOJ’s attempt to throw out Steve Bannon’s contempt conviction

This came months after the Supreme Court, at the prosecutors’ request, vacated an appeals court ruling that had upheld Steve Bannon’s conviction
US District Judge Carl Nichols dismissed a motion to throw out Steve Bannon’s contempt conviction on Wednesday, August 26, saying US Attorney for DC Jeanine Pirro's bare-bones statement was insufficient (Getty Images)
US District Judge Carl Nichols dismissed a motion to throw out Steve Bannon’s contempt conviction on Wednesday, August 26, saying US Attorney for DC Jeanine Pirro's bare-bones statement was insufficient (Getty Images)

WASHINGTON, DC: A federal judge has poured cold water on the Department of Justice’s attempt to erase Steve Bannon’s criminal conviction for refusing to testify before the congressional committee that investigated a mob’s January 6, 2021, attack on the US Capitol.

The longtime far-right media figure and former White House chief strategist has already served a four-month prison sentence after being found guilty of contempt in two instances for refusing to testify before the committee and failing to hand over documents related to his efforts to help Trump overturn the 2020 election results.

WASHINGTON, DC - JUNE 15: Steve Bannon, advisor to former President Donald Trump, departs the E. Bar
Steve Bannon departs the E Barrett Prettyman US Courthouse on June 15, 2022, in Washington, DC (Win McNamee/Getty Images)
      

He was initially sentenced in October 2022, and his conviction was upheld on a first round of appeals in 2024.

Judge Carl Nichols says prosecutors’ explanation not enough

As Bannon continued to seek to appeal his conviction before the Supreme Court, the Washington, DC, US Attorney Jeanine Pirro signed a brief one-page motion asking the judge overseeing the case to dismiss it altogether.

"The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice," the filing says.

WASHINGTON, DC - AUGUST 12: U.S. Attorney For Washington, DC Jeanine Pirro holds a press conference at the Patrick Henry Building on August 12, 2025 in Washington, DC. Pirro gave an update on DC crime and spoke on the federal government's takeover of the Washington Metropolitan Police Department. (Photo by Win McNamee/Getty Images)
US Attorney for Washington, DC, Jeanine Pirro holds a press conference at the Patrick Henry Building on August 12, 2025, in Washington, DC (Win McNamee/Getty Images)

However, US District Judge Carl Nichols, who was appointed to the federal bench by President Donald Trump in 2019, dismissed the motion on Wednesday, August 26, saying Pirro's bare-bones statement isn't enough.

Her motion is "insufficient to justify" throwing out a case, and the Justice Department will need to try again with a new motion that articulates why, exactly, the government wants to abandon the case, Nichols wrote.

Nichols’ ruling Wednesday said his rejection of the DOJ’s request to dismiss the case was “without prejudice,” meaning prosecutors can try again if they provide a fuller explanation for why Bannon’s case should be dropped.

Steve Bannon’s Supreme Court victory in contempt case

WASHINGTON, DC - APRIL 16: Steve Bannon (Host - Steve Bannon’s War Room) speaks on stage during Semafor World Economy 2026 on April 16, 2026 in Washington, DC.  (Photo by Tasos Katopodis/Getty Images for Semafor World Economy)
Steve Bannon speaks on stage during Semafor World Economy 2026 on April 16, 2026, in Washington, DC (Tasos Katopodis/Getty Images for Semafor World Economy)

The ruling came months after the US Supreme Court, in April, at the prosecutors’ request, vacated an appeals court decision that had upheld Bannon’s conviction for defying a subpoena from the House committee investigating the Capitol attack.

The Justice Department brought the case against Bannon during Democrat Joe Biden’s presidency, but it changed course after Trump took office again last year.

Bannon initially argued that Trump’s claim of executive privilege protected him from having to testify.

But the House panel and Justice Department argued that claim was weak, noting that Trump had fired Bannon in 2017, meaning he was a private citizen when he consulted with the then-president before the Capitol riot.

However, Trump later pardoned Bannon in a separate case in which he was charged with conspiracy to commit mail fraud and money laundering over a fundraising scheme for a US-Mexico border wall, sparing him a federal trial.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Trump confirmed John Ratcliffe’s trip but characterized it as 'semi-routine' and said the visit was connected to efforts to end the war in Ukraine
15 minutes ago
Lisa Cook’s attorneys called the mortgage issue an inadvertent error, not fraud, accusing Donald Trump of trying to pressure the Federal Reserve
1 hour ago
Larry Krasner said the ballroom would be demolished in an 'official ceremony' in 10 to 15 years, adding they would all 'sit here with smiles'
6 hours ago
The Roger Clemens post came after Trump spent much of the afternoon reposting content about himself, his administration, and his past
7 hours ago
Joe Biden took office in 2021 as the oldest elected president, but concerns over his age persisted and intensified after his June 2024 debate
7 hours ago
The dispute centered on Trump's March order giving USPS a larger role in mail ballots, which critics said exceeded presidential power
8 hours ago
Mojtaba Khamenei remained unseen during the US-Israeli war as an Iranian official suggested he may have died or suffered brain death
8 hours ago
Second Lady Usha Vance said the family took politics 'one step at a time', with JD Vance focused on midterms and her on her duties
9 hours ago
'John Ratcliffe is a fantastic guy. He's the head of the CIA, and he is not in there for any of the things that you said', Trump said
10 hours ago
'The deeper we look, the more there is to look at', Pentagon spokesperson Sean Parnell said in a video message announcing the discovery
11 hours ago