A federal appeals court upheld the criminal contempt of Congress conviction of former Trump White House senior aide Steve Bannon for refusing to comply with a subpoena from the Jan. 6 committee.
The three-judge panel on the U.S. Circuit Court of Appeals for the District of Columbia Circuit unanimously rejected Bannon’s argument that he was not guilty because his attorney had advised him not to comply with a subpoena from the House committee because he is covered by executive privilege.
The judges stated that Bannon “knew what the subpoena required but did not appear or provide a single document,” adding that his “advice of counsel defense is no defense at all.”
Bannon was sentenced to four months in jail in 2022 after a jury convicted him of two counts of contempt of Congress. But, his sentence was postponed and Bannon was allowed to remain free pending an appeal.
The appeals court also upheld Bannon’s sentencing but gave him time to appeal its ruling to the full DC-based appeals court before it formally notifies the trial judge that the conviction was upheld, according to CNN.
Bannon is one of two members of former President Trump’s administration who faced prosecution for unbundling A subpoena trim the Jan. 6 committee.
The other, former Trump trade advisor Peter Navarro, is currently serving a four-month prison sentence.
