The Justice Department yesterday asked a federal judge to throw out the contempt-of-Congress indictment that led to Steve Bannon’s 2024 conviction, in a motion signed by U.S. Attorney Jeanine Pirro. Prosecutors want the two-count case dismissed with prejudice, which would permanently end it and prevent the government from refiling the same charges.
DOJ Tells Judge It Is Time To End The Case
In a brief, two-page filing, the government said it had “determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,” according to The Washington Post. Pirro asked U.S. District Judge Carl Nichols to dismiss the case with prejudice, and the court record shows that Bannon is not fighting the request.
Solicitor General Asks Supreme Court To Kick Case Back
On a separate track, Solicitor General D. John Sauer filed a brief asking the Supreme Court to send Bannon’s pending petition for review back to the district court so the dismissal request can be handled there, as reported by Bloomberg Law. The moves land amid a broader Justice Department effort to withdraw or unwind selected prosecutions tied to the Jan. 6 investigation.
How Bannon's Case Started
Bannon was convicted in 2022 on two counts of contempt of Congress for refusing to comply with a subpoena from the House select committee that investigated the Jan. 6, 2021, attack on the Capitol, and he later served a four-month federal sentence in 2024, The Washington Post reports. His legal team had already asked the Supreme Court in October 2025 to take up his case and consider overturning the conviction before the Justice Department shifted gears and moved to dismiss it.
Navarro Echoes And The Legal Stakes
The Bannon about-face mirrors an earlier Justice Department move involving Peter Navarro and other reversals connected to Jan. 6 prosecutions, the Denver Gazette reported. That outlet also noted that Pirro was the only prosecutor listed on the motion. Legal analysts caution that a dismissal with prejudice could cut off Supreme Court review that might otherwise clarify how contempt statutes apply to people who receive congressional subpoenas, per Bloomberg Law.
What Happens Next
Judge Nichols now has to decide whether to grant the government’s request and issue an order dismissing the indictment; if he signs it, the case is over. Observers say the move is likely to fuel a fresh round of political fighting over the Justice Department’s changing approach and could still leave the Supreme Court wrestling with procedural questions, according to The Guardian.
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