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Federal Judge Finds DOJ’s Motion to Dismiss Steve Bannon’s Contempt Conviction Insufficient

8/27/2026, 9:59:12 PM

Core Decision and Judicial Reasoning

In a recent order, U.S. District Judge Carl Nichols ruled that the Justice Department’s request to vacate Steve Bannon’s criminal conviction for contempt of Congress was legally inadequate. Nichols noted that the motion, filed by U.S. Attorney Jeanine Pirro, contained only a brief statement that dismissal was “in the interests of justice” and lacked the detailed factual justification required by appellate precedent. He therefore denied the request but left open the possibility for the department to submit a revised filing that meets the statutory standard.

Background of the Contempt Conviction

Bannon, a former chief strategist for former President Donald Trump, was convicted by a jury in 2022 of contempt of Congress after refusing to comply with a subpoena from the House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol. He served a four-month prison term beginning in 2024. The conviction was upheld on appeal in 2024 and again after the Supreme Court vacated an appellate ruling that had previously supported the conviction.

Recent DOJ Actions and Related Litigation

Earlier, U.S. Solicitor General D. John Sauer asked the Supreme Court in February to consider whether Bannon could obtain relief on the ground that the Jan. 6 committee was unlawfully composed—a claim Bannon never raised before the committee. The Justice Department’s renewed effort to overturn the conviction would be largely symbolic, as Bannon has already completed his sentence.

Potential Next Steps

Nichols’ order permits the Justice Department to file a new motion that complies with the legal requirements. Should a revised request be filed, the case could return to the district court for further consideration, potentially extending the legal battle over the Jan. 6 investigations. No additional deadlines have been set, and the outcome will depend on whether the department can articulate a concrete justification for dismissal.