Donald Trump's Department of Justice is pushing to scrap Steve Bannon's criminal case after receiving a green light from the Supreme Court.
Steve Bannon's appeal to have his criminal case dismissed is making headway after the Supreme Court ruled in favour of the DOJ, according to a CNN report. Bannon was convicted of contempt in 2022 for defying an interview subpoena regarding the 6 January 2021 Capitol riot.
By permitting the DOJ to proceed with dismissal, the justices effectively opened the door to erasing Bannon's conviction and any remaining legal consequences flowing from it.
'This case should never have been brought, and we're delighted that the decision affirming Mr. Bannon's unlawful conviction has finally been vacated,' Michael Buschbacher, Bannon's attorney, told the outlet.
Steve Bannon's Case Reverts to Federal Trial Court
Acting on a joint request from Bannon and the current DOJ, the Supreme Court threw out a lower‑court decision upholding his 2022 contempt‑of‑Congress conviction. He already served a four-month sentence for that in 2024. The case now returns to a federal trial judge in Washington to decide whether to grant the government's motion formally dismissing the indictment.
The DOJ argued that keeping the case alive no longer serves the public interest, given the change in presidential administration, and in the broader political context surrounding the 6 January investigations.
In a court filing, the administration told the Supreme Court that dismissing the criminal case serves 'the interests of justice,' and that the DOJ is abandoning prosecution.
Bannon's original conviction stemmed from his refusal to turn over documents or testify before a House committee investigating the 6 January Capitol riot. Bannon was charged with contempt for 'willfully ignoring a lawful subpoena' and hindering Congress's investigation.
Bannon's Case Closer to Dismissal After Supreme Court Ruling
The Supreme Court's ruling does not address the merits of Bannon's constitutional or legal objections to the subpoena, but instead allows Bannon conviction dismissal path under the new administration.
'The criminal contempt of Congress case against Steve Bannon never should have been brought,' David Schoen, Bannon's trial attorney, told CNN. 'It was brought by the Biden Justice Department solely for political purposes. The prosecution undermined the constitutionally important principle of separation of powers once Executive Privileged was invoked by the President.'
The Supreme Court Steve Bannon Issue, in Broader Context
The ruling comes with the broader wave of rollbacks in January 6‑related enforcements, including pardons and commutations issued by President Trump to individuals connected to the Capitol riot. In January 2025, Trump granted blanket clemency to roughly 1,500 people charged with related offences.
Trump has repeatedly described the prior investigations as weaponised, asserting that Bannon and similar figures were singled out for their loyalty to him.
Critics argue that allowing the DOJ to erase Bannon's conviction after the fact erodes the deterrent effect of the charge, thereby emboldening defiance against similar subpoenas. The ruling comes two months after federal prosecutors motioned to drop the indictment made under President Joe Biden's administration.
Bannon was a key adviser to Trump during his 2016 campaign. He became chief WHite House strategist under Trump's first presidential term. In 2021, Trump pardoned Bannon after he was indicted on federal charges related to the border wall funding campaign.
