The Justice Department has moved to drop the criminal case against Steve Bannon, bringing a potential close to a legal battle that stemmed from the investigation into the Jan. 6, 2021, attack on the U.S. Capitol.
On Monday, federal prosecutors filed an unopposed motion asking a court to dismiss the long-running case against Bannon, a longtime ally of President Donald Trump. The charges were tied to Bannon’s refusal to testify before the House select committee that investigated the Capitol riot and his decision not to turn over documents requested by lawmakers.
Bannon was convicted in 2022 on two counts of contempt of Congress after declining to sit for a deposition and failing to comply with a congressional subpoena. He ultimately served four months in federal prison in 2024.
In its filing, the Justice Department said it had reconsidered the case and determined that dismissal was warranted. “The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,” prosecutors wrote.
The move came the same day the Trump administration’s response was due to the Supreme Court, where Bannon had asked justices to take up his appeal. Instead of directly addressing the appeal’s arguments, Solicitor General John D. Sauer — a former personal attorney to Trump — told the court that the government now believes the original indictment should be thrown out. Sauer asked the Supreme Court to vacate Bannon’s conviction and return the case to a lower court so it can be formally dismissed.
Separately, Jeanine Pirro, the U.S. attorney for the District of Columbia, filed paperwork with the trial judge seeking dismissal of the case. That filing noted that Bannon does not oppose the request.
Bannon did not immediately respond to requests for comment.
Even if the courts agree with the Justice Department’s new position, the outcome would be largely symbolic. Bannon has already completed his prison sentence, meaning no additional punishment is at stake.
The case against Bannon originated in 2021, when the House voted to hold him in contempt of Congress. The Jan. 6 committee sought testimony and records related to comments Bannon made on his radio show the day before the Capitol attack. “All hell is going to break loose tomorrow,” he said on Jan. 5, a remark lawmakers viewed as potentially relevant to their investigation.
Bannon refused to comply with the subpoena, arguing that Trump had asserted executive privilege over the requested testimony and documents. On Monday, Deputy Attorney General Todd Blanche echoed that position, calling the subpoena “improper” and saying Bannon’s conviction should be vacated.
After managing Trump’s 2016 presidential campaign, Bannon served briefly in the White House as a senior counselor and chief strategist during Trump’s first term. He later returned to media work and now hosts a widely followed podcast.
When Bannon was found guilty in 2022, then–Jan. 6 committee leaders Rep. Bennie Thompson of Mississippi and former Rep. Liz Cheney of Wyoming sharply criticized his actions. In a joint statement at the time, they said Bannon had “chose[n] allegiance to Donald Trump over compliance with the law,” adding that anyone who obstructed the investigation into the Capitol attack should face consequences.
Bannon made several attempts to overturn his conviction in the past, but those efforts were unsuccessful — until now, as the Justice Department itself moves to erase the case from the books.
