Steve Bannon Faces up to Two Years In Prison as He Awaits Sentencing

Steven Bannon, the longtime ally of Donald Trump, faces up to two years in prison when he is sentenced for contempt of Congress on Friday, though he is likely to receive a shorter jail term.

The former White House strategist was found guilty in July of two counts of criminal contempt of Congress after failing to comply with a subpoena issued to him by the House Select Committee investigating the January 6 Capitol attack.

Bannon, who attempted to argue he should not have to comply, citing disputed claims of executive privilege, faces a year in prison on each count.

The actual prison sentence handed down will almost certainly be shorter, with the Department of Justice (DoJ) even recommending that Bannon receive six months in prison and a $200,000 fine.

In legal filings submitted on Monday, the DoJ said that Bannon should receive the "top end" of government sentencing guidelines because of his "sustained, bad-faith contempt" of Congress.

Prosecutors also argued that the minimum one-month sentence for Bannon was an "insufficient" punishment.

"To date, he remains in default: more than one year after accepting service of the Committee's subpoena, the Defendant has not produced a single document or answered a single deposition question—nor has he endeavored to do so," the DoJ wrote.

Former federal prosecutor Neama Rahmani said 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," Rahmani told Newsweek.

"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 legal team has argued for probation.

In separate filings on Monday, Bannon's defense team said he should avoid a custodial sentence because the Trump ally was relying on advice from his lawyer, Robert Costello, to dispute the subpoena.

"Bannon was convicted without being allowed to introduce evidence negating willfulness, and specifically, evidence that he relied in good faith on his counsel's advice," Bannon's new attorney Evan Corcoran wrote.

"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?"

Even if Bannon receives a relatively short prison sentence, Rahmani argues the conviction will be significant as prosecutors are showing that no one is "above the law."

"Bannon didn't think he would be charged, and he even tried to negotiate with the House Committee to 'drop the charges' shortly before his trial, which isn't something the panel can even do," Rahmani told Newsweek.

"Whether it's Bannon being sentenced to prison, Donald Trump having his home raided, or Alex Jones being sued by the Sandy Hook victims, the proverbial chickens have come home to roost and the law is finally catching up with their misconduct."