WASHINGTON (AP) — Steve Bannona longtime ally of the former president Donald Trumpasked the Supreme Court on Friday to delay his prison sentence as he fights his conviction for defying a subpoena from the House committee investigating the attack on the US Capitol.
The emergency request came after a federal appeals court panel rejected Bannon’s bid to prevent him from reporting to prison before July 1 to begin serving his four-month sentence. It was addressed to Chief Justice John Roberts, who oversees emergency calls from courts in Washington, DC
The Supreme Court has asked the Justice Department to respond to the request by Wednesday, days before the court begins its summer recess. The court denied a similar request from another Trump aide shortly after receiving a response in March.
Bannon was convicted nearly two years ago on two counts of contempt of Congress: one for refusing to sit for testimony before the Jan. 6 House committee and the other for refusing to provide documents related to his involvement in the Trump’s attempts to overturn his 2020 presidential election. election loss for Democrat Joe Biden.
Bannon has characterized the case as politically motivated, and his lawyer David Schoen has said the case raises “serious constitutional issues” that should be examined by the Supreme Court.
If Bannon goes to prison next month, he will likely have to serve his full sentence before the Supreme Court has a chance to consider those questions, as the court is set to take summer recess at the end of June, attorney Trent McCotter wrote in his emergency filing.
His attorney says the former adviser did not ignore the subpoena but was still negotiating with the congressional committee when he was charged. His previous lawyer told him the subpoena was invalid because the Republican former president asserted executive privilege and the committee would not allow a Trump lawyer into the room.
In court papers, Bannon’s lawyers also previously argued that there is a “strong public interest” in allowing him to remain free ahead of the 2024 election because Bannon is a top adviser to Trump’s campaign.
Bannon’s prison sentence was postponed after he appealed. U.S. District Judge Carl Nichols ordered him to turn himself in after an appeals court panel upheld his contempt of Congress convictions.
A second Trump aide, trade adviser Peter Navarro, was also convicted of contempt of Congress. He reported to prison in March to begin serving his four-month sentence after the Supreme Court rejected his bid to delay the sentence.
Courts have rejected his argument about executive privilege, finding that Navarro could not prove that Trump actually invoked it.
Bannon also faces criminal charges in New York state court, alleging he duped donors who gave money to build a wall along the U.S. southern border. Bannon has pleaded not guilty to money laundering, conspiracy, fraud and other charges, and that trial has been postponed until at least the end of September.
