In stunning reversal, Trump DOJ seeks to dismiss Steve Bannon’s J6 conviction and indictment

Deputy Attorney General Todd Blanche says the Democrat-led House January 6 Select Committee did not properly form itself and therefore its subpoena to Bannon trying to compel testimony was unlawful.

Published: February 9, 2026 2:24pm

In a stunning reversal, the Trump Justice Department on Monday asked the Supreme Court and a federal judge to dismiss the criminal contempt indictment and conviction of Steve Bannon for refusing to testify in the January 6 investigation by Congress, declaring such a request is in the “interests of justice" after years of politically weaponized lawfare by Democrats.

The move by DOJ is extremely rare -- but not unprecedented -- considering Bannon was already convicted and served time in prison.

"The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice,” Solicitor General John Sauer wrote in a brief to the nine justices, who were reviewing an appeal from Bannon’s lawyers.

"The government has accordingly lodged a motion in the district court under Federal Rule of Criminal Procedure 48(a) to vacate the judgment and dismiss the indictment with prejudice," the motion also states.

The filing noted that the law “allows the government to seek dismissal even after a jury finds the defendant guilty and the district court enters judgment.”

You can read that filing here.

Separately, U.S. Attorney Jeanine Perro asked a federal judge in Washington D.C. to vacate Bannon‘s conviction and dismiss the indictment.

Deputy Attorney General Todd Blanche told Just the News that the Democrat-led House January 6 Select Committee was part of a larger weaponization machine that abused the justice system.

“Today the Department of Justice told the Supreme Court that Steve Bannon’s conviction arising from the J6 ‘Unselect’ Committee’s improper subpoena should be vacated,” Blanche said. “Under the leadership of Attorney General Bondi, this Department will continue to undo the prior administration’s weaponization of the justice system.”

The request to the two courts to abandon Bannon's case is the latest twist in a five-year legal saga. 

The Democrat-led House Select Committee to Investigate the January 6th Attack on the United States Capitol issued a subpoena on Sept. 23, 2021, to Bannon demanding documents and testimony related to the 2020 presidential election and the Jan. 6 attack.

Bannon, a private citizen, had been a policy adviser to President Donald Trump for approximately seven months in 2017. He declined to produce any documents, and the House voted the next month to hold him in contempt of Congress.

On Nov. 12, 2021, federal prosecutors in the Biden administration secured a grand jury indictment against Bannon on two counts of criminal contempt of Congress. He was convicted and served time in prison.

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