DOJ Moves to Dismiss Steve Bannon's Contempt Conviction Tied to Jan 6 Probe

The rare request would undo the former Trump advisor's conviction despite his completed prison sentence.

Published on Feb. 11, 2026

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The Department of Justice has moved to dismiss Steve Bannon's contempt of Congress conviction, a rare request that would erase the former Trump advisor's conviction despite him already serving a four-month prison sentence for defying a Jan. 6 Committee subpoena. U.S. Attorney Jeanine Pirro cited the government's 'prosecutorial discretion' and the 'interests of justice' in the brief filing, though provided little further explanation.

Why it matters

This move by the DOJ represents a significant reversal in the Biden administration's approach to the Jan. 6 investigations, undoing a key conviction related to the Capitol breach. It raises questions about the Justice Department's priorities and whether it is seeking to undo elements of the prior administration's actions, even after sentences have been served.

The details

Bannon was convicted by a jury in 2022 of two counts of contempt of Congress for refusing to comply with a subpoena issued by the Jan. 6 select committee. He argued the subpoena violated executive privilege due to his interactions with former President Trump. Bannon served a four-month prison sentence for the conviction. The DOJ did not make a similar request to dismiss the contempt conviction of Peter Navarro, another Trump advisor who also faced Jan. 6-related charges.

  • Bannon was convicted by a jury in 2022.
  • Bannon served a four-month prison sentence for the conviction.
  • The DOJ filed the motion to dismiss Bannon's conviction on February 11, 2026.

The players

Steve Bannon

Former Trump advisor and host of the "War Room" podcast, who was convicted of contempt of Congress for defying a Jan. 6 Committee subpoena.

Jeanine Pirro

U.S. Attorney who filed the DOJ's motion to dismiss Bannon's contempt conviction.

John Sauer

Solicitor General who asked the Supreme Court to grant Bannon's petition challenging his conviction.

Todd Blanche

Deputy Attorney General who attributed the dismissal to the DOJ's efforts to correct what it perceived as an abuse of power during the Biden administration.

Peter Navarro

Another Trump advisor who faced Jan. 6-related contempt charges and served four months in prison, but the DOJ did not make a similar request to dismiss his conviction.

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What they’re saying

“The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice.”

— Jeanine Pirro, U.S. Attorney (foxnews.com)

“Under the leadership of Attorney General Bondi, this department will continue to undo the prior administration's weaponization of the justice system.”

— Todd Blanche, Deputy Attorney General (foxnews.com)

What’s next

Bannon has a pending petition before the Supreme Court challenging his conviction, and the DOJ's dismissal request is parallel to the Solicitor General's move to ask the high court to grant Bannon's petition.

The takeaway

This DOJ move to dismiss Bannon's conviction represents a significant shift in the Biden administration's approach to the Jan. 6 investigations, raising questions about the Justice Department's priorities and whether it is seeking to undo elements of the prior administration's actions, even after sentences have been served.