Steve Bannon, a former aide to President Trump, is appealing his conviction for contempt of Congress, arguing he followed legal advice and presidential privilege.

Bannon was sentenced to four months in jail for defying a subpoena from the House Jan. 6 committee but has not served time pending appeal. His attorney, David Schoen, contends Bannon acted on advice from his lawyer, Robert Costello, who cited presidential privilege. However, the appeals court judges questioned the relevance of privilege in ignoring a subpoena.

Prosecuting attorney Elizabeth Danello argued Bannon intentionally violated the subpoena, stating that “good faith” is not a defense for contempt of Congress. The District Court had previously ruled against Bannon’s “good faith” defense. The outcome of the appeal could lead Bannon to serve his sentence or seek further appeal to the Supreme Court.

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