The Department of Justice is asking a federal appeals court to deny former Trump adviser Steve Bannon‘s attempt to delay his prison sentence pending appeal.
Bannon filed an emergency motion to avoid going to prison on July 1 after being convicted on contempt of Congress charges. In a filing on Monday, the DOJ contends that Bannon has failed to “justify what would be an extraordinary exception to the general rule of detention following conviction and an unsuccessful appeal.”
The filing argued that Bannon’s request being accepted would be contrary to typical procedure after a defendant loses an appeal.
“Bannon also cannot reconcile his claim for special treatment with the bedrock principle of equal justice under the law. Even-handed application of the bail statute requires Bannon’s continued detention,” the filing said.
Bannon and fellow former Trump adviser Peter Navarro were convicted of contempt of Congress charges after defying subpoenas from the now-defunct House Jan. 6 committee. Navarro reported to prison for his four-month sentence in March, while Bannon has continued to fight going to prison for his four-month sentence.
In his emergency filing last week, Bannon’s lawyer argued that he should remain out of prison because of his intention “to vigorously pursue his remaining appeals.”
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“Before the prosecution of Mr. Bannon, it had been 50 years since the government convinced a jury to convict someone for not adequately responding to a congressional subpoena—and there has certainly been no shortage of disputes over congressional subpoenas during that time,” Bannon’s emergency filing said. “Mr. Bannon intends to vigorously pursue his remaining appeals in this case and has retained experienced Supreme Court counsel. In the meantime, he asks this Court to allow him to remain on release.”
Bannon’s attorney will have until Tuesday at 9 a.m. to respond to the DOJ’s filing. In the emergency appeal filed last week, Bannon requested a ruling by Tuesday, suggesting necessary time for a potential appeal to the Supreme Court.
