The Justice Department urged an appeals court to deny Steve Bannon's request to stay out of jail while he appealed his contempt for Congress conviction. Bannon, a former advisor to President Donald Trump, is scheduled to report to prison by July 1.
Bannon was convicted for failing to comply with a subpoena issued by the House committee investigating the Jan. 6 attack on the U.S. Capitol. He did not provide documents or testify, claiming Trump had invoked executive privilege.
The court previously stayed Bannon's four-month sentence during his appeal. However, after his conviction was affirmed, the government requested the stay be lifted, arguing the appeal did not raise substantial legal questions likely to lead to a reversal or new trial.
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"Release pending appeal is an exception, not the rule," the Justice Department stated in a 25-page filing on Monday. The document said Bannon's request "should be denied."
The department highlighted that Bannon's arguments about the mental state required for contempt of Congress do not present a substantial question that would justify his release. The courts have consistently required only a deliberate and intentional refusal to comply with a subpoena, without needing to prove knowledge of unlawfulness or bad faith.
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The government's filing also pointed out that Bannon's reliance on executive privilege was unfounded, as Trump's attorney clarified that the privilege did not excuse Bannon's complete noncompliance.
The Justice Department's opposition to Bannon's emergency motion stressed that the appeal process should not be used to delay serving a sentence.
"The defendant's anticipated petitions for rehearing or certiorari are not for the purpose of delay, but he also fails to show a substantial question likely to result in reversal or a new trial," the filing concluded.
It was unclear when the court would decide on Bannon's request to delay his prison sentence again.
