The Department of Justice has urged an appeals court to reject an emergency motion filed by Steve Bannon, a former adviser to President Trump, as he seeks to postpone his impending prison term.
The Justice department, in a court filing on Monday, contended that Bannon’s request for release pending the outcome of his appeal does not meet the criteria of demonstrating a “substantial question likely to result in reversal or a new trial,” which is necessary for such a release.
On June 6, a federal judge sentenced Bannon to four months in prison for contempt of Congress. Shortly after, Bannon filed an emergency motion asking a federal appeals court to permit him to remain free while he challenges his conviction and pursues an appeal.
The DOJ argued that Bannon's case does not warrant an exception to the standard practice of detention after a conviction and an unsuccessful appeal, and therefore, his motion should be denied.
Bannon was convicted by a jury in 2022 and sentenced to four months in prison. This sentence was paused as he appealed the decision. In May, an appeals court upheld Bannon’s conviction for contempt of Congress after he refused to comply with a subpoena from the committee investigating the January 6, 2021, Capitol riot.
The DOJ reiterated in its filing that Bannon’s motion for release should be denied.
The filing emphasized that release pending appeal is an exception to the general rule that a defendant shall be detained following conviction and sentencing.
