Supreme Court cleared the way for Trump's DOJ to dismiss Steve Bannon's contempt of Congress conviction
The court vacated the appeals ruling and sent the case back down, where U.S. Attorney Jeanine Pirro has a dismissal motion pending
Steve Bannon served as chief strategist for President Trump's first term and became one of the most prominent figures in the MAGA political movement after leaving the White House in 2017. The House Select Committee to Investigate the January 6th Attack on the United States Capitol, led by Rep. Liz Cheney (R-Wyo.) and Rep. Bennie Thompson (D-Miss.), subpoenaed Bannon in September 2021 for documents and testimony about his communications before and during January 6. Bannon refused to appear for his deposition and refused to produce any documents, claiming executive privilege on behalf of Trump.
A federal grand jury indicted Bannon on November 12, 2021, on two counts of contempt of Congress under 2 U.S.C. § 192, the statutory criminal contempt law. One count covered his failure to appear; the second covered his refusal to produce documents. A federal jury convicted him on both counts on July 22, 2022, after a trial before U.S. District Judge Carl Nichols — a Trump appointee — in Washington, D.C. Nichols sentenced Bannon to four months in prison and a $6,500 fine but allowed him to remain free while he appealed.
Key People
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Steve Bannon
Former White House Chief Strategist; convicted January 6 defendant
Bannon defied a House Select Committee subpoena in September 2021, refusing both testimony and document production. He was convicted on two contempt of Congress counts in July 2022 and served four months in prison in 2024 before the Trump DOJ moved to dismiss his indictment and the Supreme Court cleared the procedural path for that dismissal.
Pam Bondi
U.S. Attorney General (confirmed February 2025)
Bondi's DOJ filed the motion in February 2026 to dismiss Bannon's contempt indictment, marking the most direct executive intervention to erase a congressional subpoena conviction in modern history. She had been confirmed as attorney general by the Senate in February 2025, succeeding Merrick Garland.
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Carl Nichols
U.S. District Judge, District of Columbia (Trump appointee, confirmed 2019)
Judge Nichols presided over Bannon's trial, convicted him on both counts, and sentenced him to four months in prison and a $6,500 fine. After the Supreme Court's April 6 GVR removed the D.C. Circuit ruling blocking action, Nichols's court received the case back and could act on the DOJ's dismissal motion.
Peter Navarro
Former White House Trade Adviser; convicted January 6 defendant
Navarro was convicted on the same two counts of contempt of Congress as Bannon for defying the same January 6 committee subpoena. He served four months in prison in 2024. Unlike Bannon, Navarro did not receive a DOJ motion to dismiss, illustrating that the administration's enforcement decisions appeared to follow political considerations rather than consistent legal standards.
Bennie Thompson
U.S. Representative (D-Miss.); Chair, House Select Committee on January 6
Thompson chaired the committee that issued the subpoena Bannon defied. The committee voted to hold Bannon in contempt in October 2021 and referred the matter to the full House for a criminal referral to the DOJ. Thompson said the SCOTUS GVR order sent a message that 'powerful people can defy Congress without consequence.'
Brad Garcia
Judge, United States Court of Appeals for the D.C. Circuit (Biden appointee, confirmed 2023)
Judge Garcia was one of the three D.C. Circuit judges on the panel that affirmed Bannon's contempt of Congress conviction on May 10, 2024. His name appears on the unanimous panel opinion upholding the conviction — the ruling the Supreme Court vacated on April 6, 2026 via its GVR order.
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Cornelia Pillard
Judge, United States Court of Appeals for the D.C. Circuit (Obama appointee, confirmed 2013)
Judge Pillard was part of the three-judge D.C. Circuit panel that affirmed Bannon's conviction in 2024. The panel unanimously rejected Bannon's argument that he couldn't be found 'willful' under 2 U.S.C. § 192 because he was following attorney advice. The Supreme Court's GVR order vacated that panel ruling on April 6, 2026.
Justin Walker
Judge, United States Court of Appeals for the D.C. Circuit (Trump appointee, confirmed 2020)
Judge Walker was the third member of the D.C. Circuit panel that unanimously upheld Bannon's contempt of Congress conviction. His participation on the panel is notable because he is a Trump appointee, meaning the conviction was affirmed by a bipartisan panel. The Supreme Court's April 6, 2026 GVR wiped out the panel's ruling.
John Roberts
Chief Justice, United States Supreme Court (W. Bush appointee, confirmed 2005)
Roberts presided over the Court when the unsigned GVR order was issued on April 6, 2026 vacating the D.C. Circuit's ruling in Bannon's contempt case. The order was issued without a written opinion and with no noted dissents, meaning it emerged from the Court's private conference with the agreement of the full bench.
Clarence Thomas
Associate Justice, United States Supreme Court (H.W. Bush appointee, confirmed 1991)
Justice Thomas was on the Court when the GVR order was issued April 6, 2026. No justices noted a dissent from the order vacating the D.C. Circuit ruling upholding Bannon's conviction and remanding the case back to district court.
Samuel Alito
Associate Justice, United States Supreme Court (W. Bush appointee, confirmed 2006)
Justice Alito was on the Court when the GVR order was issued April 6, 2026. No justices noted a dissent from the order clearing the path for the DOJ's motion to dismiss Bannon's contempt indictment.
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Neil Gorsuch
Associate Justice, United States Supreme Court (Trump appointee, confirmed 2017)
Justice Gorsuch was on the Court when the GVR order was issued April 6, 2026. No justices noted a dissent. Gorsuch is one of three Trump appointees who participated in the unanimous procedural order clearing Bannon's contempt conviction.
Brett Kavanaugh
Associate Justice, United States Supreme Court (Trump appointee, confirmed 2018)
Justice Kavanaugh was on the Court when the April 6, 2026 GVR order vacated the D.C. Circuit's Bannon ruling. No dissents were noted. Kavanaugh is one of three Trump appointees who participated in the order enabling the DOJ to dismiss the contempt charges against a Trump ally.
Amy Coney Barrett
Associate Justice, United States Supreme Court (Trump appointee, confirmed 2020)
Justice Barrett was on the Court for the April 6, 2026 GVR order. No justices dissented. Barrett is one of three Trump appointees who participated in the unanimous procedural order vacating the D.C. Circuit ruling that had upheld Bannon's contempt conviction.
Sonia Sotomayor
Associate Justice, United States Supreme Court (Obama appointee, confirmed 2009)
Justice Sotomayor was on the Court for the April 6, 2026 GVR order vacating the D.C. Circuit ruling upholding Bannon's contempt conviction. No justices noted a dissent from the order, which cleared the path for the DOJ's dismissal motion.
Elena Kagan
Associate Justice, United States Supreme Court (Obama appointee, confirmed 2010)
Justice Kagan was on the Court for the April 6, 2026 GVR order. No justices noted a dissent from the procedural order clearing the way for the Trump DOJ to dismiss Bannon's contempt of Congress conviction.
Ketanji Brown Jackson
Associate Justice, United States Supreme Court (Biden appointee, confirmed 2022)
Justice Jackson was on the Court for the April 6, 2026 GVR order. No justices noted a dissent. Jackson is the first Black woman to serve on the Supreme Court and was previously a D.C. Circuit judge before her 2022 confirmation to SCOTUS.