Prosecutors ask choose to raise jail keep

Federal prosecutors on Tuesday requested a choose to order former Trump White House aide Steven Bannon to start serving his four-month jail sentence for contempt of Congress, citing a latest appeals court docket decision upholding his conviction.

If the movement is granted, Bannon quickly could possibly be required to report back to jail and serve his sentence for refusing to adjust to subpoenas from a House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol.

“America of America requests that the Court docket raise the keep of defendant’s sentence as a result of there isn’t any authorized foundation for the keep below” the regulation, prosecutors wrote in a movement filed in U.S. District Court docket for the District of Columbia.

Bannon’s lawyer, David Schoen, didn’t instantly reply to a request for touch upon the movement.

Bannon was convicted of two counts of prison contempt of Congress in July 2022.

Choose Carl Nichols, who was appointed to the district court docket by former President Donald Trump, later sentenced Bannon to 4 months in jail however allowed him to stay free pending attraction.

In issuing that call, Nichols wrote that Bannon’s attraction “raises a considerable query of regulation that’s prone to lead to a reversal or an order for a brand new trial.”

However on Friday, a three-judge panel on the U.S. Circuit Court docket of Appeals for the District of Columbia disagreed with Nichols’ evaluation and upheld Bannon’s conviction in a unanimous ruling.

The panel rejected arguments by Bannon’s lawyer that he was not responsible of contempt as a result of his lawyer had suggested him to not adjust to the Home subpoena. The Jan. 6 choose committee demanded his testimony and paperwork associated to the Capitol assault, which was perpetrated by a mob of Trump’s supporters.

After that ruling, Bannon’s lawyer Schoen mentioned that he would ask for the attraction to be reheard by a panel made up of all of the judges on the D.C. Circuit appeals court docket.

In Tuesday’s court docket submitting, the U.S. Lawyer’s Workplace for D.C. informed Nichols that as a result of Bannon’s attraction was rejected “on all grounds … consequently, there isn’t any longer a ‘substantial query of regulation that’s prone to lead to a reversal or an order for a brand new trial.’ “

“Beneath these circumstances … the keep of the sentence should be lifted,” prosecutors wrote.

In a footnote, prosecutors wrote {that a} federal district court docket in D.C. and the appeals court docket rejected an analogous request by one other former Trump aide, Peter Navarro, to remain a four-month jail sentence for contempt of Congress.

Navarro is at present serving his sentence in a minimal safety federal prison in Miami.

In April, Allen Weisselberg, the previous longtime chief monetary officer of the Trump Group, was sentenced to 5 months in jail after he pleaded responsible to perjury in testimony he gave in Trump’s civil enterprise fraud case in New York state court docket.

Weisselberg is at present serving his sentence at Riker’s Island in New York Metropolis.