Donald Trump's one-time White House strategist Steve Bannon lost his third attempt to stay out of jail Thursday night just days before his four-month sentence for contempt of Congress is set to begin.
"It was enough that Bannon knew what the [congressional] subpoena required, yet intentionally refused to appear or to produce any of the requested documents," the D.C. Circuit Court of Appeals flatly ruled 2-1.
Bannon's case "does not warrant a departure from the general rule" that defendants begin serving their sentence after conviction, the ruling concluded.
Trump appointee Judge Justin Walker disagreed, saying Bannon should remain free as the Supreme Court considers his petition to overturn his conviction.
The far-right podcaster is scheduled to head to prison July 1 for ignoring a subpoena to testify before the House committee investigating the Jan. 6, 2021 insurrection.
Bannon has argued that he did not "wilfully" ignore the subpoena because he was following the advice of his attorneys, and, as a "top adviser" to Trump's campaign, should be free to comment on and participate in the presidential race.
The court decision warned that wholesale noncompliance with a subpoena based on the advice of counsel could nullify all investigations by Congress.
Bannon has been pulling out the stops to stay out of prison. He told a conservative crowd in Detroit earlier this month that the Department of Justice will be "purged" and the FBI taken "apart" FBI if Trump wins the presidency.
"We're going to come and get you," Bannon warned the FBI.
Former FBI Director Andrew McCabe told Anderson Cooper on CNN Thursday that such threats are the kind of "red meat" Bannon and his crowd throw out to provoke supporters who "feel they've been wronged."
Former FBI Deputy Director Andrew McCabe responds to recent threats of retribution by former Pres. Donald Trump and his allies. pic.twitter.com/VG0M44RaWf
— Anderson Cooper 360° (@AC360) June 21, 2024
Bannon's case is similar to Trump's one-time trade adviser Peter Navarro, who also ignored a congressional subpoena. Navarro has been behind bars serving a four-month sentence since late March.
Trump pardoned Bannon as he was leaving the White House when Bannon faced charges with others who were convicted in a plot to defraud Trump supporters as they raised $25 million in private donations to finish building the former president's southern border wall.
Two of Bannon's partners in the operation were sentenced last year to three years and to just over four years in prison.
