DOJ renews motion to vacate Steve Bannon's contempt-of-Congress conviction after judge rejected the first try (Nov. 5, 2026)

Case

On Nov. 5, 2026, the Justice Department asked Judge Carl Nichols to dismiss Steve Bannon's 2022 contempt-of-Congress conviction for defying a House Jan. 6 committee subpoena, citing prosecutorial discretion, executive privilege and doubts about trial fairness. Nichols had rejected an earlier DOJ dismissal request in August for lacking adequate justification. Bannon's lawyers did not oppose the motion; no ruling had been reported.

What happened (Nov. 5, 2026)
On Thursday, Nov. 5, 2026, the Justice Department filed a motion in U.S. District Court in Washington asking Judge Carl Nichols to vacate and dismiss Steve Bannon's 2022 conviction on two counts of contempt of Congress.
The conviction stemmed from Bannon's refusal to comply with a subpoena from the House Jan. 6 select committee; he served a four-month prison sentence in 2024.
Judge Nichols rejected an earlier DOJ motion to dismiss in August 2026, finding prosecutors had not adequately explained why they wanted dismissal.
DOJ said it was acting in an exercise of prosecutorial discretion, said it does not think it appropriate to pursue contempt charges against a former presidential adviser who did not comply with a subpoena based on a belief that executive privilege applied, and said it has significant doubts about the fairness of the trial.
The filing also pointed to President Trump's concerns about Biden-era Jan. 6 prosecutions and his pardons and commutations, saying continued defense of the conviction is inconsistent with administration enforcement priorities.
The motion was signed by Deputy Associate Attorney General Michael Weisbuch; Acting Deputy Attorney General R. Trent McCotter, who previously served as Bannon's counsel, did not appear on the filing. Bannon's legal team did not oppose the motion.
Neither source reported a ruling by Judge Nichols on the renewed motion as of publication.

Perspectives

Official position — Justice Department (filing signed by Deputy Associate Attorney General Michael Weisbuch)
DOJ's stated case, as reported: dismissal is in the interests of justice and an exercise of prosecutorial discretion; it is not appropriate to prosecute a former presidential adviser for non-compliance with a subpoena where executive privilege was believed to apply; and the department has significant doubts about the fairness of the trial and about whether D.C. Circuit precedent barred a defense that Bannon did not willfully violate the statute.

Note
DOJ says the dismissal is a prosecutorial-discretion and fairness judgment; critics see favoritism toward a presidential ally. The judge has not yet ruled.

Sources
[1] NBC News via Yahoo News — Justice Department moves to toss Steve Bannon's conviction tied to Congress' Jan. 6 investigation (https://www.yahoo.com/news/politics/articles/justice-department-moves-toss-steve-184117922.html) · 2026-11-05
[2] ABC News — DOJ again moves to dismiss Steve Bannon's contempt of Congress conviction (https://abcnews.com/US/doj-moves-dismiss-steve-bannons-contempt-congress-conviction/story?id=137884012) · 2026-11-05

Connections

Same context — Federal prosecutions and investigations of Trump critics and opponents since 2025: Comey, James, Bolton, Brennan, Schiff, Cook, Lucas and others (status as of Oct. 25, 2026)
Counterpart to DOJ's pursuit of Trump critics: here DOJ seeks to undo the conviction of a Trump ally.