The Department of Justice filed a renewed motion on November 5 to dismiss the contempt of Congress conviction against Steve Bannon. Prosecutors cited executive privilege concerns and doubts about the fairness of the 2022 trial in Washington, D.C.

Bannon was convicted on two counts after defying a subpoena from the House January 6 committee. He served four months in prison in 2024. The latest filing states that pursuing the case is inconsistent with the administration's enforcement priorities following President Trump's pardons and commutations for most January 6 defendants.

Deputy Associate Attorney General Michael Weisbuch signed the motion. It argues that Bannon believed he was protected by executive privilege and that D.C. Circuit precedent improperly limited his defense options.

This action follows earlier DOJ requests in April to vacate seditious conspiracy convictions against Oath Keepers and Proud Boys leaders. Those included founder Stewart Rhodes and members such as Kelly Meggs and Ethan Nordean. Judges granted dismissals in some cases by August, though one expressed reluctance.

The moves align with the administration's view that prior prosecutions represented overreach. Bannon's legal team did not oppose the dismissal. The filing emphasizes prosecutorial discretion in declining to enforce contempt charges against a former presidential advisor.

U.S. District Judge Carl Nichols previously rejected an earlier motion in August for insufficient justification. The renewed filing provides additional detail on the privilege defense and trial concerns.

These developments continue the reversal of cases tied to the January 6, 2021, Capitol events. Most defendants received clemency early in the current term, with remaining convictions now targeted for erasure where appropriate.