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Bannon Files Sentencing Memorandum

Katherine Pompilio
Monday, October 17, 2022, 1:16 PM

In the memorandum, Bannon asked the court to impose a sentence of probation and to stay his sentence pending appeal.

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On Oct. 17, former White House Chief Strategist Steve Bannon issued his sentencing memorandum following his conviction on charges of contempt of Congress for defying a subpoena issued by the House select committee investigating the Jan. 6 attack on the U.S. Capitol.

In the memorandum, Bannon asked the court to impose a sentence of probation and to stay his sentence pending appeal of his conviction. 

Bannon also argued that his appeal provided a “unique chance to update” current case law, which holds that an individual being prosecuted for contempt of Congress may not use “good faith reliance on advice of counsel” as a defense. Though Bannon had intended to argue that he should not be convicted because he had relied on advice of counsel in refusing to comply with the select committee’s subpoena, the Justice Department, citing that case law, had successfully moved to prevent him from raising that defense. 

Conversely, in the Justice Department’s sentencing memorandum, the government recommended that Bannon be sentenced to 6 months in prison and fined $200,000 for his crimes. 

You can read Bannon’s sentencing memorandum here or below:


Katherine Pompilio is an associate editor of Lawfare. She holds a B.A. with honors in political science from Skidmore College.

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