A federal judge rejected the Justice Department’s request to dismiss Steve Bannon’s contempt of Congress conviction, calling the filing legally insufficient. The judge denied the motion without prejudice, allowing the DOJ to refile if it provides a more substantive explanation.
U.S. District Judge Carl J. Nichols, appointed by Trump in his first term, said DOJ’s two-page motion offered only one real explanation: that dismissal was “in the interests of justice.” Nichols said that is exactly the kind of “conclusory statement” D.C. Circuit precedent says is not enough under Rule 48(a). The rule requires the government to spell out its reasons so a court can independently weigh the public interest, even when the defendant agrees to the dismissal.
He also pointed to a larger legal issue. A 2025 D.C. Circuit ruling, which the Supreme Court later declined to revisit, determined that the government can dismiss a case under Rule 48(a) only while the prosecution remains pending. Nichols noted that although the Supreme Court vacated the appeals court’s judgment upholding Bannon’s conviction and remanded the case, his own district-court judgment has not been vacated. He instructed the DOJ that any renewed motion must address whether that precedent prevents him from dismissing the indictment in the first place.
