WASHINGTON — A divided federal appeals court declined Thursday to keep Steve Bannon, one of former President Donald Trump’s aides convicted of contempt of Congress, out of jail while he asks the Supreme Court to overturn his case.
“It was enough that Bannon knew what the subpoena required, but he deliberately refused to appear or produce the requested documents,” Judges Cornelia Pillard and Bradley Garcia ruled for the DC Circuit Court of Appeals.
Judge Justin Walker disagreed, writing that Bannon should stay out of jail while the Supreme Court hears his case because his high-handedness in defying the commission “is a small question.”
Bannon was convicted of ignoring a subpoena from the House of Representatives committee investigating the attack on the Capitol on January 6, 2021. He was sentenced to four months in prison and is expected to report on July 1.
Bannon is appealing, arguing that he did not “willfully” violate the law because he relied on his first attorney’s advice that he did not have to testify or provide documents to the committee.
The two-judge majority wrote that widespread failure to comply with a subpoena based on the advice of counsel could nullify Congress’ investigation. Pillard was appointed by former President Barack Obama and Garcia by President Joe Biden. Walker, who disagreed, was appointed by Trump.
Why did the House panel want to question Bannon?
The committee sought to question Bannon, a Trump political strategist, in part because he told associates from China on Oct. 31, 2020, that Trump would falsely declare victory even if he lost the election, saying it would be a “firestorm ‘ would be.
In a podcast, Bannon said former Vice President Mike Pence “spitted,” meaning he no longer supported Trump’s efforts to overturn the 2020 election, which the committee said increased pressure on Pence.
On January 5, 2021, Bannon called Trump at least twice and predicted on a right-wing radio talk show that “all hell will break loose tomorrow.”
Bannon was one of two people convicted, along with former White House aide Peter Navarro, of defying congressional subpoenas for the Jan. 6 investigation.
Navarro was jailed in March following his conviction for contempt of Congress.
This article originally appeared on USA TODAY: Trump ally Steve Bannon is losing the appeal of staying out of jail
