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Appeals Court Rejects Bannon’s Urgent Request to Stay Out of Jail

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Federal appeals court denies Stephen K. Bannon’s bid to remain free, prison sentence looms

In a major blow to Stephen K. Bannon, a federal appeals court has rejected his final attempt to stay out of prison while he continues to fight his conviction for contempt of Congress. This decision paves the way for Bannon, a prominent ally of former President Donald Trump, to begin serving a four-month prison sentence starting next month.

Bannon was found guilty in 2022 for defying a congressional subpoena related to his involvement in the January 6 riot at the Capitol. Despite being allowed to remain free during his appeals process, the judge overseeing his case recently ordered him to report to prison on July 1 after the appeals court upheld his conviction in May.

The three-judge panel that denied Bannon’s emergency motion was split, with Judge Justin R. Walker dissenting and advocating for Bannon to remain free until the Supreme Court decides whether to hear his appeal. Bannon’s legal team has argued that his case raises important questions about the separation of powers, claiming he was following legal advice regarding executive privilege under the Trump administration.

However, the court stated that Bannon’s appeal was unlikely to succeed, as it would require a significant reinterpretation of the law to conclude that he did not willfully disregard Congress’s subpoena. The court emphasized that there was no indication that a higher court would overturn the established understanding of contempt in this context.

This decision comes after the Supreme Court rejected a similar request from Peter Navarro, another Trump ally, to avoid a contempt-related prison sentence for defying a subpoena from the House’s January 6 committee. Navarro’s unsuccessful appeal on similar grounds does not bode well for Bannon’s chances of avoiding his impending prison term.

As Bannon’s legal options dwindle, the prospect of him serving time behind bars looms larger. The saga surrounding his contempt conviction continues to unfold, with the clock ticking down to his scheduled prison reporting date.

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