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An appeals court denied former Trump adviser Steve Bannon’s request to remain out of prison during his appeal of a conviction for contempt of Congress. The U.S. Circuit Court of Appeals for the District of Columbia rejected Bannon’s request in a 2-1 decision, with Judges Cornelia Pillard and Bradley Garcia stating Bannon’s arguments didn’t present a substantial legal question likely to overturn his conviction.

“Bannon’s proposal—that to prove willful default the government must establish that the witness knew that his conduct was unlawful—cannot be reconciled with the Supreme Court’s approach to the statute,” the order noted. Judge Justin Walker dissented, arguing Bannon’s state of mind when defying the House Jan. 6 committee subpoena presented a “close question” possibly favorable to Bannon in the Supreme Court.

Bannon, ordered to report to prison on July 1, plans to seek relief from the Supreme Court following this ruling. His lawyers filed an emergency motion on June 11 to overturn a lower court’s decision mandating his imprisonment. Bannon’s lawyer, Trent McCotter, did not comment on the ruling.

Previously, an appeals court upheld Bannon’s conviction for contempt of Congress, related to his refusal to comply with a Jan. 6 committee subpoena. Convicted in 2022, Bannon received a four-month prison sentence.

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