Federal prosecutors are seeking a 6-month prison sentence and a $200,000 fine for Trump ally Steve Bannon for his conviction on two counts of contempt of Congress, according to a court filing.
The former White House adviser was found guilty in July for defying a subpoena from the House Select Committee investigating the Jan. 6, 2021, insurrection at the U.S. Capitol. His sentencing date is set for Friday, Oct. 21, exactly one year after the full House of Representatives voted to hold him in contempt. Nine Republicans joined all 220 voting Democrats to hold Bannon in contempt of Congress.
"For his sustained, bad-faith contempt of Congress, the Defendant should be sentenced to six months' imprisonment — the top end of the Sentencing Guidelines' range — and fined $200,000 — based on his insistence on paying the maximum fine rather than cooperate with the Probation Office's routine pre-sentencing financial investigation," prosecutors wrote.
"From the moment that the Defendant, Stephen K. Bannon, accepted service of a subpoena from the House Select Committee to Investigate the January 6th Attack on the United States Capitol, he has pursued a bad-faith strategy of defiance and contempt," the filing reads.
"The Committee sought documents and testimony from the Defendant relevant to a matter of national importance: the circumstances that led to a violent attack on the Capitol and disruption of the peaceful transfer of power," prosecutors continued. "In response, the Defendant flouted the Committee's authority and ignored the subpoena's demands."
In a filing of their own, Bannon's attorneys asked for probation rather than jail time and want the court to hold off on sentencing pending appeal.
The Justice Department push comes shortly after the committee took the extraordinary step last week to subpoena Trump himself, something the members said was necessary to get the full story of what happened that day. It's unclear how Trump will respond to the summons, but a refusal to comply could open up a similar path in court — though holding a former president in contempt would be an unprecedented and fraught process.
Defense attorneys argued during the trial that he didn’t refuse to cooperate and that the deadline dates “were in flux.” They pointed to the fact that Bannon had reversed course shortly before the trial kicked off — after Trump waived his objection — and had offered to testify before the committee.
But that offer came with strings attached, federal attorneys wrote, including the dismissal of the criminal case against him. When it became clear that wasn't in the cards, the possibility of cooperation faded, court records state.
Bannon was convicted after a four-day trial in July. Outside the courthouse, he compared the trial to a battle and said “we’re not going to lose this war,” then referred to members of the committee as “gutless."
It was not the only time Bannon disparaged the committee in “exaggerated and sometimes violent” language in news conferences and on his “War Room” podcast, prosecutors wrote.
“The defendant’s statements prove that his contempt was not aimed at protecting executive privilege or the Constitution, rather it was aimed at undermining the Committee’s efforts to investigate an historic attack on government,” federal attorneys said in court documents. “To this day, he continues to unlawfully withhold documents and testimony that stand to help the Committee’s authorized investigation to get to the bottom of what led to January 6 and ascertain what steps must be taken to ensure that it never happens again. That cannot be tolerated.”