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Steve Bannon Updates: Bannon Sentenced to Four Months in Prison, Fined

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Steve Bannon Updates: Bannon Sentenced to Four Months in Prison, Fined

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  • Steve Bannon was sentenced to four months in prison and fined $6,500 for contempt of Congress in a Washington D.C. courtroom Friday.
  • The former White House strategist was found guilty in July on two counts of criminal contempt of Congress after he failed to comply with a subpoena issued to him regarding the January 6 investigation.
  • Bannon faced up to two years in prison today, although he was expected to receive a shorter jail sentence. The Department of Justice (DOJ) called for the political strategist to receive six months in prison and a fine of $200,000.
  • Prosecutors argued for Bannon to receive a harsher penalty than the minimum one-month prison term for his noncompliance and for disparaging members of the committee on his War Room podcast.
  • An influential political strategist and conservative media personality, Bannon was a longtime ally of former President Donald Trump.
Steve Bannon speaks to media after sentencing
Steve Bannon, center, a longtime ally of former President Donald Trump and convicted of contempt of Congress, accompanied by his attorneys David Schoen, left, and Evan Corcoran, right, speaks to the media as he leaves... Jose Luis Magana/AP Photo

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Bannon's Daughter Will 'Always Stand' With Her Dad

Steve Bannon's daughter shared her support for her father following the announcement of his four-month prison sentence for refusing to comply with a Congressional subpoena.

In a tweet, Maureen Bannon shared an old photograph of her as a child with her father.

"To the world my dad is one person, but to me he is the world," she wrote. "My dad has always stood with me and I will always stand with him."

Republicans Rally Around Bannon

Following Steve Bannon's sentence, several Republicans are showing their support for the former White House strategist and ally of former President Donald Trump.

Republican Representative Marjorie Taylor Green of Georgia tweeted "I stand with Steve Bannon."

Trump-endorsed Congressional candidate in Washington Joe Kent tweeted a picture with Bannon to show his support.

"This is bigger than Bannon, our corrupt government is jailing political dissidents and weaponizing the national security state against law abiding citizens," he said. "We won't allow this to continue."

Former New York City Police Commissioner Bernard Kerik accused the Justice Department of abusing its power, noting disparities between how Bannon and Hunter Biden are treated by federal law enforcement authorities.

"Steve Bannon gets sentenced to prison, and Hunter Biden is still a free man," he said in a tweet. "There's no greater example of an abuse of power and political weaponization of the US Department of Justice in the FBI than this."

Congressional Republicans claim there is a "double standard" within the DOJ when dealing with subpoena compliance.

The Republicans on the House Judiciary Committee shared a tweet from Representative Darrell Issa noting the differences in out how DOJ punished Democrats and Republicans who defy subpoenas.

"When Eric Holder and Lois Lerner defy Congressional subpoenas, the DOJ does nothing," Issa tweeted on Oct. 17. "But the DOJ goes after Republicans with indictments and prison."

Protester Holds 'Traitor' Sign

Protesters were seen outside of the federal courthouse in Washington, D.C. Friday morning, as Steve Bannon was sentenced for contempt of Congress.

One protester was seen holding a sign that read "traitor," another repeatedly yelled "traitor" as Bannon left the courthouse.

Protester seen outside of Bannon court hearing
A protester follows Steve Bannon, a longtime ally of former President Donald Trump and convicted of contempt of Congress, as he leaves the federal courthouse on Friday, Oct. 21, 2022, in Washington. Nathan Howard/AP Photo

Bannon Says Nov. 8 Will End the Biden Administration

Steve Bannon said he respects the judge's sentencing, adding that he has "been totally respectful of the process on the legal side."

His lawyer, David Schoen, told reporters that his client's "silence" in court was at his direction.

Outside the courtroom after receiving his sentence, Bannon said he testified in the Mueller Commission, the House Intelligence Committee and the Senate Intelligence Committee "more than anyone" in the Trump administration during the investigation into Trump's alleged involvement with Russia.

He said his lawyers "worked through the issue of [executive] privilege" and he willingly testified, disputing claims from the prosecution that he believes he is above the law.

"This thing that I'm above the law is an absolute and total lie," Bannon said.

He said that "today was my judgement day by the judge," adding that he will have a "very vigorous appeals process."

He then shifted focus to upcoming elections.

"On November 8, they're gonna have judgment on the illegitimate Biden regime and quite frankly that Nancy Pelosi and the entire [January 6] Committee," he said.

Bannon said committee members have "already been turfed out," like Republican Representative Liz Cheney, or have quit, like Republican Representative Adam Kinzinger.

He said remaining members will either "be beat" in upcoming midterms, like Democratic Representative Elaine Luria or will "lose their power an become the minority" like House Speaker Nancy Pelosi.

"This is democracy," Bannon said.

He said the American people are "weighing and measuring" the actions of the Justice Department and the Committee.

"They are weighing and measuring that right now and they will vote on November 8," he said. "On November 8, the American people will wage judgment and we will prove the Biden administration ends of the evening of the 8th of November."

He added that Attorney General Merrick Garland will be the first Attorney General "that is brought up on charges of impeachment and he will be removed from office."

Protesters were heard shouting "lock him up" and "traitor" at Bannon as he drove away from the courthouse.

Bannon Lawyer Calls Appeal 'Bulletproof'

After the hearing, Bannon and his legal team spoke to reporters outside the courtroom.

David Schoen, Bannon's lawyer, thanked the judge for listening and respects his decision in this case.

Bannon indicated he will appeal this sentencing.

"I believe the appeal in this case is bulletproof," Schoen said, adding that the Constitutional issues in this case are "very important."

Schoen said it was "an extraordinary move" to permit a stay-pending appeal, calling it "the appropriate move."

He said the standard for such a ruling requires the case to raise substantial issues that reasonable jurist could differ over, meaning "is there a solid chance for an appeal to be successful."

"There certainly is more than that in this case," he added.

Schoen said Bannon never got to explain the reasons for his actions in response to the Congressional subpoena.

"Mr. Bannon never got to tell his story because the government insisted from day one on prohibiting any discussion to go before the jury as to why Mr. Bannon reacted as he did to the subpoena on the advice of counsel," he said.

Bannon to Remain Free Pending Appeal

Steve Bannon will not serve his four month prison sentence while he appeals his case, U.S. District Judge Carl Nichols ruled Friday.

Bannon, a longtime ally of former President Donald Trump, will remain free pending the appeal. The judge also imposed a $6,500 fine.

Bannon was sentenced to four months in prison for defying a subpoena from the Jan. 6 House Committee.

Judge Calls Jan. 6 Committee Investigation Justified

Before delivering his sentence for Bannon, Judge Nichols discussed the events of January 6, 2021.

He said "the events of Jan. 6 were undeniably serious," noting how rioters "used violence against law enforcement officers and engaged in vandalism."

"The Jan. 6 Committee thus has every reason to investigate what happened that day," he said.

Nichols said Steve Bannon "has not produced a single document to the committee" and "has not provided any testimony on any topic."

At the time of the subpoena, Nichols said Bannon was a private citizen who was not employed in the executive branch "for several years." He adds that Bannon was "less likely" to have privileged information.

Nichols said there were some records for which "no conceivable claim of executive privilege could be made" by Bannon.

It was conceivable, however, that some of Bannon's documents or testimony could have been covered by executive privilege, Nichols said. He also noted Bannon was listening to his counsel.

"While his counsel's advice may have been overly aggressive or misguided it does appear to at least some extent that Mr. Bannon was following that advice," Nichols said, noting this cuts in his favor.

The judge said the Jan. 6 Committee did not attempt to sue Bannon, instead "moving quickly to to hold him in contempt and pursue a criminal prosecution."

Nichols reiterated that Bannon has not taken responsibility for his actions, but added that Bannon has been compliant with the conditions of release. The judge also said he wants this case to be a general deterrence for the public to understand the importance of cooperative with Congressional investigations.

Nichols said "respect for Congress is of course an important piece of our Constitutional system."

"Flaunting congressional subpoenas betrays a lack of respect for the legislative branch," he added.

Bannon Sentenced to Four Months in Prison

A judge has sentenced Steve Bannon to four months in prison and will have to pay a $6,500 fine for refusing to cooperate with the Congressional January 6 Committee.

This is a middle ground between the state's recommendation for six months and a $200,000 fine and Bannon's hope for probation.

The judge said Bannon does not have to serve his jail time until his appeals process.

Judge Nichols Returns to Court

Court has reconvened and Judge Nichols is set to deliver a verdict soon.

As Nichols recaps arguments, he said "the January 6 Committee has every reason to investigate what happened that day," according to reporters in the courtroom.

"Mr. Bannon has not produced a single document to the committee... and has not provided any testimony on any topic."

He added that at the time Bannon was subpoenaed, he was a "private citizen who was not employed" in the executive branch "for several years."

Bannon Declines to Address the Court

Defense lawyer David Schoen is now going after former lawyer for former President Donald Trump.

Schoen said Clark is "nothing but a thug" and called him "one of the Three Stooges."

"You wouldn't believe a thing he says," he told the judge. "He has lied to me personally. He has ripped me off personally."

Once Schoen concluded his argument, Judge Nickolas gave Steve Bannon the opportunity to speak.

"My lawyers have spoken for me, your honor," Bannon said.

The court is now in a brief recess; the judge is expected to announce a decision soon.

Defense Backs Bannon's Attack on Jan 6 Committee

The defense extensively quoted James Madison and the Federalist papers before pausing to tell the judge, "this won't go on too long."

Bannon's attorney David Schoen called out the state's "outrageous overreaching" and repeated that Bannon was following the advice of his counsel.

According to reporters in the courtroom, Judge Nicholas was taking notes.

Then Judge Nicholas interrupted Schoen to ask if Bannon produced nonprivileged documents to the January 6th Committee, a year after being subpoenaed.

Schoen said that is correct and went on to explain.

He accused prosecutors of wanting to punish Bannon for speaking out against the Committee for its "partisan, political-agenda."

Schoen said a federal lawyer "flat out lied" to get the telephone records of Bannon's other lawyer Robert Costello. He added that the Justice Department identified the wrong Robert Costello's email to a judge and got records they shouldn't have in order to obtain communication logs from Bannon's lawyer.

"That's a lie to a federal judge," he said. "That demeans the integrity of this process."

Schoen added that "speaking the truth" about the "illegitimate" committee is an "obligation."

Defense Says Bannon Never Knowingly Broke the Law

The defense argues Bannon has adhered to his understanding of what the Constitution required and has followed the advice of his lawyer.

"It is very important for the court and the world to know Mr. Bannon stands for the Constitution," Steve Bannon's lawyer David Schoen said.

Schoen presented a letter from Donald Trump's counsel claiming he was asserting executive privilege.

"The letter speaks for itself," he said. "It plainly says in there that executive privilege has been invoked, and he should follow that to the fullest extent of the law."

Schoen said Bannon never thought he was acting unlawfully.

"Never at any time did Mr. Bannon believe in any way, shape or form, that he was acting in any way that was unlawful or against the law," he said.

Defense Wants Bannon Treated Like Ordinary Citizen

Bannon's lawyer David Schoen said his client "should be treated like any other citizen."

"I hope that no American buys into just about anything Mr. Cooney just said, except that Mr. Bannon ought to be treated like any other citizen who gets a subpoena from Congress," he said.

Schoen repeatedly claimed Bannon has not been treated justly by the federal government thus far.

"It's a case in which, quite frankly, Mr. Bannon should make no apology.," Schoen added.

He said there is "nothing here to deter" and "nothing here to punish."

State Says Bannon Lied to 'Thumb His Nose at Congress'

The Assistant U.S. Attorney is now making his case to the Judge.

J.P. Cooney said the state is seeking a six-month sentence and a fine of $200,000.

The maximum fine "amplifies his contempt for the law," Conney said, adding that Bannon "invited" that amount and "the court should take him up on that."

"The importance of this case has everything to do with the defendant's obligations as a citizen of the United States," he said.

Cooney said Bannon "chose hiding behind a fabricated claim of executive privilege and advice of counsel to thumb his nose at Congress."

"Your Honor, the defendant is not above the law," Cooney added.

Conney also said Bannon's claim of executive privilege was "merely a smoke screen."

"He had an interest in making a public spectacle of the committee's hearings," he said. "Throughout this entire case the defendant has tried to make it about nothing, but politics and retribution."

Judge Says There is a Minimum Sentence

Steve Bannon's lawyer David Schoen argued that the government applied the "Bannon rule," claiming his client has been treated differently than other defendants.

Law & Crime Network's Adam Klasfeld said Schoen is arguing that there is no mandatory minimum, referencing U.S. Code 192 "Refusal of witness to testify or produce papers."

Judge Nichols, however, does not agree with this legal theory.

He said the plain language of the law is clear that there is a minimum sentence of one month.

"You've made that argument... I've rejected it," Nichols said, Reuters' Sarah N. Lynch reports from inside the courtroom.

Judge Says Bannon Shows 'No Remorse'

Judge Nicholas has agreed with most of the government arguments, according to reporters in the courtroom.

Nicholas began the hearing with a review of the pre-sentencing report provided by the probation office.

He said Steve Bannon will not receive any reductions for acceptance of responsibility, Reuters' Sarah N. Lynch reported.

Nicholas added that Bannon "has expressed no remorse for his actions."

Sentencing Hearing Begins

Steve Bannon's sentencing trial has begun.

U.S. District Judge Carl J. Nichols is presiding over the hearing. Nicholas was appointed by former President Donald Trump.

There will be no witness testimony in court today, according to reporters inside the room.

Steve Bannon Pictured Outside Court

Steve Bannon appeared in good spirits as he arrived ahead of his sentencing.

He was seen smiling and greeting reporters before launching an attack on Biden's regime.

Bannon Outside Court
Former Trump White House senior advisor Steve Bannon speaks to the media as he arrives at federal court to be sentenced on October 21, 2022 in Washington, DC. KEVIN DIETSCH/GETTY
Bannon Flanked by Guard
Steve Bannon was called a "fascist dictator" as he arrived at court. KEVIN DIETSCH/GETTY

Bannon Says Biden's 'Illegitimate Regime' Will End on November 8

In a brief statement to reporters outside court Steve Bannon attacked President Joe Biden and appeared to predict the Democrats will lose control of the House and Senate in next month's midterms.

While being met with cries of "traitor" from protesters, Bannon said: "Remember, this illegitimate regime, their judgement day is on 8 November, when the Biden administration ends."

Bannon then walks away before turning back and adding: "By the way, and remember: Take down the CCP [Chinese Communist Party.]"

Bannon then turned and entered the courtroom, with one female protester continuing to shout "fascist traitor" at the Trump ally.

While walking to the court, Bannon also appeared to hit out at "global elitists," although the remarks were unclear.

Giant Inflatable Trump Rat Seen Outside Court House

As well as the national press, a giant inflatable rat resembling Donald Trump awaited Bannon's arrival outside the federal court in D.C.

A picture of the rat, which has Trump's distinctive yellow hair and red tie, was posted online by NBC News reporter Daniel Barnes.

"Steve Bannon's sentencing hearing starts at 9am today and DC's biggest celebrity is here at the courthouse," Barnes tweeted.

This is not the first time the Trump rat has made public appearance down the years.

The inflatable appeared at a protest in Baltimore, Maryland in 2019 to mark the then-president's visit to the city after he called it a "rat and rodent infested mess" where "no human being in the world" would want to live.

A similar looking 15 feet tall Trump Rat, created by artist John Post Lee, also appeared in New York and Washington D.C. in 2017 to protest Trump's presidency.

Hecklers Call Bannon 'Fascist Traitor' as He Arrives at Court House

Steve Bannon was called a "fascist traitor" by hecklers as he arrived for sentencing.

Photographers lined the street outside the court house as he greeted members of the press.

A small number of people could be heard shouting abuse at Bannon.

Bannon Used 'War Room' Podcast to Denounce Jan. 6 Investigation

The DoJ have argued that Bannon should receive a six month prison sentence following his "sustained, bad-faith" contempt of Congress, suggesting his actions before and after the trial deserve punishment.

Prosecutors argued in legal filings that Bannon had "exploited his notoriety" in public appearances and on his right-wing podcast War Room, as well as openly expressing his "total disregard" for government processes and the law by repeatedly attacking the January 6 committee and their attempts to get him to comply with subpoena.

"Through his public platforms, the Defendant has used hyperbolic and sometimes violent rhetoric to disparage the Committee's investigation, personally attack the Committee's members, and ridicule the criminal justice system," prosecutors wrote.

"The Defendant's statements prove that his contempt was not aimed at protecting executive privilege or the Constitution, rather it was aimed at undermining the Committee's efforts to investigate an historic attack on government."

Following a court appearance last November, Bannon infamously warned that the charges against him will be the "misdemeanor from hell" for Attorney General Merrick Garland, House Speaker Nancy Pelosi and President Joe Biden.

"We're going on the offense," Bannon said. "They took on the wrong guy this time; they took on the wrong guys."

Jan. 6 Committee Played Bannon Audio About Trump

The case involving Bannon is based on his refusal to comply with a subpoena issued to him by the January 6 House Select Committee.

The congressional committee wanted to speak to Bannon about a meeting of Trump's allies at the Willard Hotel in Washington D.C. on January 5, 2021, during which a plot on how to convince members of Congress not to certify the election for Joe Biden was allegedly discussed.

Bannon was also quoted as saying "all Hell is going to break loose tomorrow" the day before the Capitol attack, the panel said.

On October 13, the committee played an audio clip during its ninth hearing in which Bannon says Trump's plan was always to declare himself the winner of the 2020 Election, no matter what the result.

"That doesn't mean he's the winner, he's just going to say he's the winner," Bannon said just a few days before Election Day in November 2020. "He's going to sit right there and say they stole it... That's our strategy."

The House Select Committee voted unanimously to subpoena former President Donald Trump at the conclusion of its hearing on October 13.

Will Bannon Be Jailed Today?

As well as handing down a sentence, Judge Carl Nichols could also decide when Bannon will begin his punishment.

The former White House strategist is appealing against his contempt conviction, with his lawyers arguing that Bannon's executive privilege defense was based on his "good-faith reliance" on his former attorney's advice.

Bannon has already asked a judge to delay his sentence while the U.S. Court of Appeals for the District of Columbia Circuit rules on his case, which Nichols could grant.

"Every pre-indictment communication in this case was between attorneys. The Select Committee sought service of the subpoena not on Mr. Bannon, but via his attorney, Mr. [Robert] Costello," Bannon's attorney Evan Corcoran wrote.

"Based upon clear authority, Mr. Costello provided legal advice to Mr. Bannon. Mr. Costello provided legal justifications for Mr. Bannon's position to the Select Committee and received responses back from Select Committee attorneys. Mr. Costello provided advice to Mr. Bannon, and Mr. Bannon acted on that advice."

What is Steve Bannon Asking For?

Ahead of Friday's sentencing, Steve Bannon's legal team suggested that he should avoid a custodial sentence and instead be handed probation or home confinement.

Evan Corcoran, lawyer for Bannon, argued in his sentencing memorandum that the Donald Trump ally only avoided complying with the congressional subpoena on the advice of his former attorney, Robert Costello, and therefore should not be punished over it.

"Should a person who has spent a lifetime listening to experts – as a naval officer, investment banker, corporate executive, and Presidential advisor – be jailed for relying on the advice of his lawyers?" wrote Corcoran.

"Should a person be jailed where the prosecutor declined to prosecute others who were similarly situated – with the only difference being that this person uses their voice to express strongly held political views? If the answer to any of these questions is no, then a sentence of probation is warranted."

Bannon also requested that any sentence imposed be served on home confinement, arguing that he qualifies for it under sentencing guidelines.

Steve Bannon Pointing to Photographers New York
Steve Bannon pictured in New York, 2022 AP

How Long Will Steve Bannon be Sentenced For?

Former federal prosecutor Neama Rahmani told Newsweek's News Reporter Ewan Palmer that while Bannon faces up to two years, it was "unlikely" he would receive the maximum amount.

"Federal judges usually stay within the sentencing guidelines, and they rarely run sentences for similar conduct consecutively.

"Because Bannon has no criminal history and was only convicted of misdemeanors, his advisory guideline range is zero to six months in prison. The government is recommending the high end of that range, or six months."

Rahmani added that Bannon will certainly receive some jail time over his contempt conviction because of the minimum one-month sentence the offense carries. Bannon's lawyers are seeking probation, which the Justice Dept opposes.

What Has Steve Bannon Been Found Guilty Of?

Former Trump adviser Steve Bannon is due in a Washington D.C. court this morning to be sentenced for contempt of Congress. In July, he was found guilty on two counts of failing to comply with a subpoena from a Congress committee which was investigating the Capitol attack of January 6, 2021.

Today, he could be handed a jail sentence of up to two years, although it is expected he will receive a smaller term.

The Department of Justice has advised that Bannon should receive the "top end" of government sentencing guidelines because of his "sustained, bad-faith contempt" of Congress. He was also criticized for comments made about the situation on his War Room podcast.

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About the writer

Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida news. He joined Newsweek in February 2018 after spending several years working at the International Business Times U.K., where he predominantly reported on crime, politics and current affairs. Prior to this, he worked as a freelance copywriter after graduating from the University of Sunderland in 2010. Languages: English. Email: e.palmer@newsweek.com.

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Lauren Giella is a Senior Reporter based in New York. She reports on Newsweek's rankings content, focusing on workplace culture, health care and sustainability, profiling business leaders and reporting on industry trends. Lauren joined Newsweek in 2021 and previously covered live and breaking news, national news and politics and high school debate on the Mightier Hub. She is a graduate of the University of Southern California. You can get in touch with Lauren by emailing l.giella@newsweek.com

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Alex is a Newsweek editor based in New York City. She previously worked as a TV news anchor, reporter and producer across the West Coast, most recently for the CBS affiliate in Las Vegas. Email: a.backus@newsweek.com


Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, and Florida ... Read more