The U.S. Supreme Court has sent Steve Bannon’s contempt of Congress case back to a district court, opening the door for the Trump administration’s Justice Department to dismiss the charges against him.
Bannon, a former senior adviser to President Donald Trump, was convicted in 2022 on two counts of contempt of Congress.
A jury found him guilty after he refused to comply with a subpoena from the House select committee investigating the January 6, 2021, attack on the Capitol. He served a four-month prison sentence in 2024.
The case reached the Supreme Court after the U.S. Court of Appeals for the District of Columbia Circuit upheld the conviction. On Monday, the Supreme Court vacated that appeals court ruling and remanded the matter to the district court in Washington, D.C.
The move follows a request from the Justice Department under President Trump. In February 2026, the department filed a motion to dismiss the indictment, stating that dismissal was in the interests of justice. Solicitor General D. John Sauer told the justices that the government had determined the case should not proceed.
District Judge Carl Nichols, appointed by Trump, presided over Bannon’s 2022 trial. The Supreme Court’s decision returns the case to his court for further action on the dismissal motion.
Bannon’s Defense and Original Charges
Bannon argued that he did not willfully defy the subpoena. His lawyers said he relied on advice from attorneys who told him to wait until the committee addressed claims of executive privilege raised by Trump.
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At trial, the judge did not allow Bannon to present that advice-of-counsel defense to the jury. Bannon’s team called this a key error in the proceedings.
The Biden-era Justice Department had described Bannon’s response to the subpoenas as “total noncompliance.” The committee had sought documents and testimony from Bannon related to events surrounding the 2020 election and January 6.
Bannon completed his sentence before the latest developments. The conviction remained on his record until the current proceedings.
DOJ Position Under Trump
The Trump administration’s Justice Department reversed the previous stance. Officials said the original subpoena from the House committee was improper, and continuing the case was not warranted.
Deputy Attorney General Todd Blanche stated that the conviction stemmed from an “improper” subpoena and should be vacated.
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The department has also moved in district court to dismiss the charges with prejudice, meaning they could not be refiled.
Why This Matters
This ruling removes the last legal barrier to erasing Bannon’s conviction. It gives the district court judge appointed by Trump the ability to formally clear the case, ending any remaining effects of the 2022 verdict on Bannon’s record.
The decision fits a broader pattern since Trump returned to the White House. The administration has directed the Justice Department to review and drop certain cases tied to January 6 investigations and has issued pardons to many participants in the Capitol events.
For Bannon, who has continued as a vocal supporter of Trump in media appearances, the outcome marks the end of the legal proceedings that began with the congressional subpoena in 2021.
The case, once used to enforce compliance with Congress, now concludes with the executive branch declining to defend the prosecution.
