Justice Department moves to toss Steve Bannon’s conviction tied to Congress’ Jan. 6 investigation

Steve Bannon was convicted of contempt of Congress in 2022 and served a four-month prison sentence. Shelby Tauber / Bloomberg via GettyShareAdd NBC News to GoogleNov. 5, 2026, 1:41 PM ESTBy Ryan J. ReillyWASHINGTON — The Trump administration moved Thursday to vacate the conviction of Steve Bannon on two counts of contempt of Congress in connection with its investigation into the Jan. 6 attack on the U.S. Capitol.

Bannon, a White House chief strategist and senior counselor during President Donald Trump’s first term, served a four-month prison sentence after the conviction in 2022.

The Justice Department wrote in a court filing Thursday that it had determined “dismissal is in the interests of justice because, in an exercise of its prosecutorial discretion, the Executive Branch does not believe that it is appropriate to pursue contempt of Congress charges against a former advisor to the President who did not comply with a subpoena investigating the events of January 6, 2021, based on an asserted belief that he was protected by executive privilege.”

The administration “harbors significant doubts” about the trial’s fairness, it said in the motion, which was signed by Deputy Associate Attorney General Michael Weisbuch.

“President Trump has expressed grave concerns about the Biden Administration’s prosecutions related to the events of January 6, 2021, granting a large number of pardons and commutations,” the motion said.

The Justice Department filing added that in light of Trump’s actions, seeking to affirm Bannon’s conviction “is inconsistent with this Administration’s enforcement priorities.”

Bannon’s legal team did not oppose the motion.

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FOR SUBSCRIBERSAre we approaching a new era of Alzheimer’s prevention?FOR SUBSCRIBERSMaps: How the vote shifted from the 2024 presidential election to 2026FOR SUBSCRIBERSAnger over GOP education agenda fueled blue sweeps in Texas, advocates sayFOR SUBSCRIBERSMicroplastics are altering the color of the ocean, and the changes can be seen from spaceFOR SUBSCRIBERSDemocratic Senate set to thwart Trump’s Supreme Court and judicial appointmentsFOR SUBSCRIBERSHow an unlikely Virginia law could offer a path to justice after a Texas campus sexual assaultFOR SUBSCRIBERSNewly elected Democrats could become 2028 power brokersFOR SUBSCRIBERSStudents’ scrolling thousands of YouTube videos shows need for stricter rules, officials sayFOR SUBSCRIBERSEven before election, Trump’s White House was prepping for Democratic investigationsFOR SUBSCRIBERSInside the miscalculations that cost Trump control of CongressFOR SUBSCRIBERSWhat Democrats plan to do with House majority: Investigate Trump and tackle affordabilityFOR SUBSCRIBERSTrump discussing possible Hegseth replacements, sources say FOR SUBSCRIBERSThe dynamics behind the Democrats’ midterm drubbing of RepublicansFOR SUBSCRIBERSTexas election upset means ‘MAGA’s own private law firm’ will be led by a DemocratFOR SUBSCRIBERSElon Musk moved to Texas to escape Democrats — now they’re in chargeSlide 1 of 1The Supreme Court had sent the case back to Nichols, wiping out an appeals court ruling that upheld the jury’s verdict.

Acting Deputy Attorney General R. Trent McCotter previously served as Bannon’s counsel. His name does not appear on the Justice Department’s court filing.

Trump had pardoned hundreds of Jan. 6 defendants on his first day back in office.

Ryan J. ReillyRyan J. Reilly is a justice reporter for NBC News.