Supreme Court clears path for Trump’s DOJ to dismiss criminal case against Trump ally Steve Bannon

The Supreme Court of the United States on Monday cleared the way for US President Donald Trump’s administration to drop the government’s criminal case against Steve Bannon, who was convicted in 2022 of defying a subpoena from lawmakers investigating the January 6 Capitol riot.

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The decision follows a move by federal prosecutors in February to drop the indictment brought during former President Joe Biden’s administration. Both the Justice Department and Bannon had asked the high court to set aside an appeals court ruling that upheld his conviction and return the case to a trial court so the original charges could be dismissed.

Bannon’s attorney, Michael Buschbacher, said the case should never have been brought and welcomed the decision vacating the conviction.

Bannon was found guilty by a federal jury for refusing to comply with a subpoena for testimony and documents related to the House investigation in to the January 6 attack. He served a four-month prison sentence in 2024.

The ruling is not expected to have major practical consequences since Bannon has already completed his sentence, but he has continued to challenge the conviction.

In his appeal, Bannon argued he did not willfully ignore the subpoena and instead relied on legal advice not to respond until issues surrounding Trump’s claims of executive privilege were resolved. His case hinged on how courts interpret “willfully” in such situations.

His lawyers argued he should have been allowed to present a defense based on reliance on counsel and executive privilege, but said he was prevented from doing so at trial.

Prosecutors during the Biden administration maintained that Bannon showed “total noncompliance” with the subpoena. However, the Justice Department later reversed course, saying dismissing the case was in the interest of justice.

A federal appeals court had previously ruled that existing legal precedents on congressional subpoenas undermined Bannon’s defense, stating that acting on advice from lawyers was not a valid defense.

The Supreme Court had earlier rejected a separate emergency appeal from Bannon seeking to avoid prison, allowing his sentence to proceed without dissent.

Bannon’s legal team has argued that the prosecution was politically motivated and raised concerns about separation of powers after executive privilege was invoked.