Refusing to comply, Bannon invoked executive privilege, a doctrine protecting presidential communications, despite having left the White House in 2017. Critics on the left painted this as defiance, but conservatives argue it was a legitimate legal stance, especially given Bannon’s advisory role to Trump. The House, under Democratic control, voted to hold him in contempt, and the Justice Department under Attorney General Merrick Garland swiftly indicted him on two counts. Bannon’s defense team later offered to testify after Trump waived privilege, but it was too late; a D.C. jury convicted him in 2022, and he was sentenced to prison time.
Throughout his appeals, Bannon has steadfastly claimed he did not willfully defy the subpoena but was following his lawyers’ advice to resolve privilege issues first. An appellate court upheld the conviction, and the Supreme Court declined to halt his sentence. Yet, Bannon’s resilience shone through—he continued broadcasting his podcast from behind bars and emerged in October 2024 as a martyr figure in conservative circles, railing against what he calls the “deep state” and the “unselect committee” that pursued him.
The Trump administration’s return to power in 2025 has brought swift changes to the DOJ, including the appointment of Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, both of whom have prioritized dismantling what they describe as politically tainted prosecutions. In a statement on X (formerly Twitter), Blanche declared, “Under the leadership of Attorney General Bondi, this Department will continue to undo the prior administration’s weaponization of the justice system.” He specifically hailed the Bannon filing as a step to vacate the conviction arising from the “J6 ‘Unselect’ Committee’s improper subpoena.”