Steve Bannon asked a federal appeals court on Tuesday to delay his impending prison sentence on contempt of Congress charges so he can first exhaust his appeals.
Bannon’s trial judge last week ordered former President Trump’s former adviser to report to prison by July 1 to begin serving his four-month sentence for defying a Jan. 6 House committee subpoena .
At the 36 page movement filed Tuesday night, Bannon’s lawyers urged the D.C. Circuit Court of Appeals to suspend his sentence until June 18, signaling they will take their emergency request to the Supreme Court if necessary.
“This is a landmark case,” Bannon’s attorney, Trent McCotter, wrote in the motion. “The prosecution pursued a new and aggressive theory of liability, and the case attracted international attention. If the panel’s decision is upheld, there will be far-reaching consequences, including concerns about the separation of powers.”
Bannon was sentenced to four months in prison after a federal jury in 2022 found him guilty of two counts of contempt of Congress for refusing to appear for testimony before the Jan. 6 panel and for refusing to turn over documents.
His judge, U.S. District Judge Carl Nichols, allowed Bannon to remain free for the past two years while he appealed.
But after a three-judge panel of the D.C. Circuit ruled against Bannon in the first phase of his appeal last month, Nichols, a Trump appointee, granted prosecutors’ request for the podcast host’s sentencing to begin.
Bannon’s lawyers say he should stay out of prison because his appeal will ultimately be successful. They note that the case has not yet reached a court with the authority to overturn a key precedent used to convict Bannon.
“Mr. Bannon intends to vigorously pursue the remaining appeals in this case and has retained experienced Supreme Court counsel. In the meantime, he asks this Court to allow him to remain free,” his attorneys wrote in the motion.
Bannon would be the second former Trump White House official to be jailed for defying the committee’s Jan. 6 subpoenas.
Peter Navarro, formerly Trump’s trade adviser, is currently serving his sentence on contempt of Congress charges after all of his emergency appeals failed, including to the Supreme Court.
This story originally appeared on thehill.com read the full story
