Speaker Mike Johnson approves House intervening in Bannon case before prison sentence starts 

Speaker Mike Johnson announced Tuesday night he has approved having the U.S. House intervene in Steve Bannon’s contempt case just days before the former Trump aide was set to report to prison.

Johnson told Fox News host Sean Hannity he has authorized the House counsel to file an amicus brief supporting Bannon’s emergency appeal to the Supreme Court, arguing the Democrat-run January 6 committee was illegitimately formed, and its work compromised. 

“We're working on filing an amicus brief with his appellate work there in his case because the January 6 committee was, we think, wrongfully constituted,” Johnson said. “We think the work was tainted. We think that they may have very well covered up evidence and maybe even more nefarious activities.

“We've been investigating the committee itself. We disagree with how Speaker Pelosi, put all that together. We think it violated House rules and so we will be expressing that to the court, and I think it will help Steve Bannon and his appeal,” he added.

It is rare for Congress to intervene in any criminal case.

Bannon argues that he shouldn’t have to serve four months in prison as sentenced because the January 6 committee abused its authority in holding him in contempt.

The last-minute appeal to the Supreme Court has taken on new significance in the debate over whether there is a dual system of justice. Earlier this month, the Biden Justice Department announced it would not prosecute Attorney General Merrick Garland even though he refused to turn over evidence to Congress as subpoenaed.