Former Trump advisor Stephen K. Bannon is asking the United States Supreme Court to intervene and stay his sentence for contempt of Congress pending appeal. In early June, a federal judge ordered the ally of former President Donald J. Trump to report to the Federal Correctional Institution, Danbury, on July 1.
Yesterday, the United States Court of Appeals for the District of Columbia rejected Bannon‘s emergency motion for release pending appeal. The three-judge panel was split on the decision 2-1. Following the appeals court’s denial of his motion, Bannon filed the same motion with the Supreme Court on Friday morning. Hours later, Chief Justice John Roberts ordered the Biden Department of Justice (DOJ) to file a response with the high court by June 26.
Former U.S. Assistant Attorney General Jeff Clark has urged the Republican-controlled House of Representatives to swiftly act and file an amicus brief with the high court arguing that the previous Democrat-controlled Congress’s January 6 Select Committee was improperly constituted. Consequently, this determination would render the committee’s subpoena power moot and should result in vacating the contempt charge against Bannon.
PELOSI’S IMPROPER J6 COMMITTEE.
In effect, staying the sentence would give Bannon time for Congress to formally act through the Bipartisan Legal Advisory Group (BLAG) to file an amicus brief with the U.S. Court of Appeals for the D.C. Circuit declaring that the Democrat-run January 6 Committee was improperly constituted and thus had no subpoena authority.
The BLAG is a non-legislative committee within Congress that directs the actions of the House Office of General Counsel. House Republican leadership can use the BLAG to direct the General Counsel to file a brief with the appeals court stating that the House believes the January 6 Committee was improperly constituted by then-Speaker Nancy Pelosi (D-CA), effectively rendering the contempt charges against Bannon moot.
There are only 9 days left to keep Bannon out of federal prison.
Bannon’s team has just filed an emergency stay application in the Supreme Court. See snapshot of first two pages below.
The House needs to get a move on to file an amicus brief in support of the emergency… pic.twitter.com/TtOoYBvdEw
— Jeff Clark (@JeffClarkUS) June 21, 2024