The US Department of Justice is urging a federal appeals court to reject former Trump adviser Steve Bannon’s request to delay his prison sentence pending appeal. In a filing on Monday, the DOJ argued that Bannon has failed to justify his request for special treatment, which would be an exception to the typical procedure after a defendant loses an appeal.
The DOJ filing stated that Bannon’s claim for special treatment would be contrary to the principle of equal justice under the law, and that his continued detention is necessary for even-handed application of the bail statute. Bannon and fellow former Trump adviser Peter Navarro were convicted of contempt of Congress charges for defying subpoenas from the now-defunct House Jan. 6 committee.
Bannon’s lawyer had argued in an emergency filing last week that he should remain out of prison because he intends to vigorously pursue his remaining appeals. However, the DOJ countered that Bannon has failed to justify his request for special treatment and that his continued detention is necessary.
Bannon’s attorney will have until Tuesday at 9 a.m. to respond to the DOJ’s filing. In the emergency appeal filed last week, Bannon requested a ruling by Tuesday, suggesting necessary time for a potential appeal to the Supreme Court.