Justice Department Seeks to Erase Steve Bannon Conviction

The U.S. Department of Justice filed a motion last week to dismiss the contempt of Congress conviction against Steve Bannon. The filing asks U.S. District Judge Carl Nichols to drop the case and erase the verdict in the interests of justice. This request follows a pattern of similar moves by the administration to clear the records of other Trump allies.

Bannon was found guilty in 2022 for failing to cooperate with a House committee investigating the January 6 Capitol attack. A jury in Washington, D.C., deliberated for less than three hours before returning a guilty verdict. A federal appeals court later upheld that decision. Bannon’s lawyers do not oppose the current motion to dismiss.

Deputy Associate Attorney General Michael Weisbuch wrote in the court filing that the case is no longer appropriate for pursuit because Bannon claimed executive privilege. Weisbuch argued that the judge lacks authority to reject the unopposed motion and that the policy grounds for dismissal are not subject to judicial second-guessing.

Legal experts criticize the approach because it removes the traditional adversarial element of the legal system. Bruce Searby, a Washington defense attorney and former federal prosecutor, noted that the department is acting at the behest of the president to help a close political ally. Searby stated that no adversity remains between the two sides. He argued that judges should not accept the argument at face value and suggested an outside lawyer assess if the move is an abuse of discretion.

This situation mirrors recent efforts to vacate convictions for leaders of the Oath Keepers and Proud Boys groups. In those cases, the Justice Department told judges the dismissals were in the interests of justice. Attorneys for Representative Jamie Raskin, a member of the House Select Committee, asked a federal appeals court to appoint a friend of the court to defend those convictions. The judges ultimately dismissed the charges without appointing an outside advocate.

U.S. District Judge Amit Mehta expressed concern about the impact of those dismissals. He wrote that the outcome diminishes the gravity of January 6 and denigrates the work of prosecutors and law enforcement officers. The current debate in Nichols’ courtroom brings those questions back to the fore as the administration continues to pursue investigations of perceived enemies while clearing the records of allies.

The Justice Department did not respond to requests for comment about its decision to walk away from the conviction. Bannon’s lawyers also did not return messages seeking comment. The motion is now pending before Judge Nichols, who presided over the original trial.