Donald Trump campaign advisor Steve Bannon Tuesday filed an emergency appeal to stay out of prison. His sentence is set to start July 1. He was ordered to prison by Trump-appointed Judge Carl Nichols on a Contempt of Congress conviction after a D.C. appeals court panel ruled against him. File Photo by Jemal Countess/UPI |
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June 12 (UPI) -- Steve Bannon filed a motion with the U.S. Court of Appeals to stay out of prison while appealing a criminal contempt of Congress conviction.
Bannon, an ally of former President Donald Trump who briefly served in his White House, has been ordered to report to prison July 1, but his lawyers requested that the D.C. Circuit Court of Appeals pause the order by June 8 as he seeks to exhaust his avenues for appeal.
"Mr. Bannon intends to vigorously pursue his remaining appeals in this case and has retained experienced Supreme Court counsel," his attorneys wrote.
Bannon's lawyers urged that he stay out of prison because they believe his appeal will eventually be successful at the U.S. Supreme Court, but his four-month sentence would run its course before the high court returns from its summer recess if he is forced to report at the beginning of July.
"If Mr. Bannon is denied release, he will be forced to serve his prison sentence before the Supreme Court has a chance to consider a petition for a writ of certiorari, given the Court's upcoming summer recess," they wrote.
They also argued that Bannon remains a "top adviser" to Trump's 2024 presidential campaign and his imprisonment would leave his ability to participate in the campaign and comment on policy matters "drastically curtailed, if not eliminated."
"The government seeks to imprison Mr. Bannon for the four-month period leading up to the November election, when millions of Americans look to him for information on important campaign issues," they wrote. "This would also effectively bar Mr. Bannon from serving as a meaningful adviser in the ongoing national campaign.
Bannon was sentenced to four months in prison after being found guilty in July 2022 of two counts of contempt of Congress. He failed to testify and provide documents under subpoena as required by law.
Prosecutors said after the appeals court ruling against Bannon that there's no longer a "substantial question of law that is likely to result in a reversal or an order for a new trial" in Bannon's case.
U.S. District Judge Carl Nichols, a Trump appointee, ruled that the D.C. Circuit Appeals Court had upheld Bannon's conviction and therefore Bannon must report to prison to serve his sentence.
Judge Nichols said the original basis for allowing Bannon to stay out of prison pending appeal no longer applied.
Peter Navarro, another Trump advisor, is serving a contempt of Congress prison sentence after failed appeals that went all the way to the Supreme Court.
Trump faced a pre-sentencing probation interview hearing Monday for a scheduled July 11 sentencing for his conviction on 34 felonies in New York.
The jury in that case unanimously found Trump guilty of falsifying business records in order to cover up a story that would hurt his 2016 campaign for the presidency.