Steve Bannon, once an adviser to former President Donald Trump, on Thursday appealed his July conviction on two misdemeanor contempt of Congress charges, ABC News reported.
Bannon claims he rejected a subpoena handed down by the House Jan. 6 panel because of his then-attorney, Robert Costello, who allegedly told him that he did not need to comply due to presidential privilege.
The argument hinges on the fact Bannon never directly talked to members of the Democrat-led committee from its inception in 2021 until late 2022 and that he was following advice "honestly and in good faith."
"Advice of counsel is the defense," said Bannon's current lawyer, David Schoen, who referenced possible precedent for it in the history of the District of Columbia Circuit during a hearing on the matter.
The judges signaled that they remained unconvinced that Schoen's argument has any relevance to the merits of the case.
The prosecuting D.C. attorney general's office challenged Bannon's claim that he was unaware of the consequences, contending that he had every intent to break the law. "Bannon deliberately chose not to comply in any way with a lawful congressional subpoena — not to provide a single document, not even to show up for his deposition," said Elizabeth Danello, a deputy chief in the appellate division.
"That was contempt of Congress, and he was properly convicted."
Bannon was sentenced to four months in jail by a district court, but he has not served the sentence pending his appeal.
If the appellate court sides with the district court decision, Bannon will be forced to serve the sentence unless he attempts to appeal the case to the Supreme Court.
Luca Cacciatore ✉
Luca Cacciatore, a Newsmax general assignment writer, is based in Arlington, Virginia, reporting on news and politics.
© 2026 Newsmax. All rights reserved.