Supreme Court agrees to help Trump DOJ move to dismiss Steve Bannon’s contempt case

The Supreme Court on Monday granted the Trump Justice Department’s request to vacate an appeals court ruling against Steve Bannon, after the Department of Justice told the high court that it wants to dismiss the matter that was brought against the Donald Trump ally during the Biden administration.  

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The high court relief doesn’t officially dismiss the case, but it clears a path for that conclusion, as the DOJ has a pending motion in the trial court seeking dismissal. The next step will play out in the lower courts.

Bannon was convicted in 2022 for not complying with the House Jan. 6 select committee. He served a four-month sentence after the justices refused in the summer of 2024 to let him stay free while he appealed. He continued his appeal after serving his time, filing a petition with the justices in October after his appeals court loss. 

The legal issue centered on the government’s burden of proof in contempt cases. Bannon claimed he reasonably believed, based on legal advice, that he didn’t have to respond to the committee’s subpoena. To the extent that he raised an important legal question, it will remain unresolved with Monday’s Supreme Court action.

Notably, the Trump DOJ initially waived its right to respond to Bannon’s petition at the high court, which would have typically led to the court denying it and letting his conviction stand. But in November, the court requested a response from the DOJ — which, in a typical criminal case, would have been a brief opposing Supreme Court review and seeking to uphold the conviction. 

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