What is Contempt of Congress? Former Trump advisor Steve Bannon sentenced to 4 months in prison

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Trump's former strategist sentenced to jail time on two counts of defying congressional subpoena (Image via Twitter @/gregkellyusa)

On Friday, October 21, 2022, Donald Trump's former chief strategist, Steve Bannon, was sentenced to four months in prison on charges of contempt of congressional subpoena in connection with the January 6 Capitol riots. He is also required to pay a fine of $6,500.

Steve Bannon, a former White House advisor, is one of the top ranking figures to be charged in the January 6 upheaval. According to Wikipedia, contempt of the U.S. Congress is an intentional obstruction of the work of the United States Congress or one of its committees.


Defining contempt of Congress in the context of Steve Bannon's imprisonment sentence

While initially, contempt of Congress was related to the bribery of a U.S. senator, a representative, or the usage of other unscrupulous means, the term now refers to a legal obstruction.

"In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a congressional committee or subcommittee—usually seeking to compel either testimony or the production of requested documents."

Given Congress's legislative power, refusal to cooperate with a congressional investigation results in punishment and often imprisonment. According to FindLaw:

"The U.S. Supreme Court clarified Congress's power to issue subpoenas in a 1917 case (Marshall v. Gordon), stating that "in virtue of the grant of legislative authority there [was] a power implied to deal with contempt."

It further stated,

"Essentially, the Court held that the Constitution's text implies a power to investigate given its power to legislate. Therefore, refusal to cooperate with a congressional investigation directly challenges this authority and may be punishable as contempt."

Steve Bannon's refusal to respond to the Congressional subpoena is considered a refusal to cooperate with the lawmakers, and thus subject to incarceration.


What did Steve Bannon do? Right-wing figure found guilty of contempt of Congress, set to appeal against charges

The right-wing politician, the mastermind behind the Breitbart News website and Trump's right-hand man for a while, formally left the White House in August 2017. However, he was faced with two counts of contempt of Congress in July. Steve Bannon, 68, was charged with refusing to provide testimony or documents to the committee.

On Friday, Judge Carl Nichols made it clear that contempt of Congress is subject to a mandatory minimum imprisonment sentence of at least one month of incarceration. The prosecution sought a six-month sentence for Bannon and a maximum fine of $200,000. His imprisonment is awaiting an appeal by him.

According to the BBC, he was indicted over his refusal to cooperate with the congressional committee probing the events leading up to the January 6, 2021 Capitol riot. Additionally, he was allegedly still an unofficial adviser to Donald Trump in January, despite having left the White House formally a long back.

Bannon has denied the charges leveled against him. He said:

"Today was my judgement day by the judge. We will have a vigorous appeal."

Steve Bannon is not required to go to jail before his appeal.

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