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Justice Department moves to dismiss Steve Bannon’s Jan. 6 contempt conviction

The DOJ seeks to vacate Bannon's conviction, citing prosecutorial discretion and doubts about trial fairness.

Nov 5, 2026, 4:40 PM By the Genius Eye newsroom (National Reporter) · Fact-checkedHow we report
Photo: Martin Falbisoner / CC BY-SA 3.0, via Wikimedia Commons

The Justice Department has filed a motion to vacate the conviction of Steve Bannon on two counts of contempt of Congress related to the January 6 Capitol attack investigation, NBC News reported. Bannon, who served as a White House chief strategist during President Donald Trump's first term, was convicted in 2022 and served a four-month prison sentence.

According to NBC News, the DOJ stated in court filings that dismissal is in the interest of justice and reflects prosecutorial discretion. The department expressed that it is not appropriate to pursue contempt charges against a former presidential advisor who did not comply with a subpoena based on a belief in executive privilege protection.

The motion also noted significant doubts about the fairness of Bannon's trial and referenced President Trump's concerns about the Biden administration's prosecutions related to January 6, including the issuance of pardons and commutations, as reported by NBC News.

ABC News confirmed the DOJ's renewed effort to have a judge dismiss Bannon's conviction, emphasizing the ongoing legal process surrounding this case tied to the House panel investigation of the January 6 events.

The Justice Department's filing was signed by Deputy Associate Attorney General Michael Weisbuch, indicating a formal position of the executive branch on this matter, NBC News added.

What we're watching: The legal developments in Bannon's case will continue to unfold as the courts consider the DOJ's motion to dismiss the conviction tied to the January 6 investigation.

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