Steve Bannon asks federal judge to release him from prison early

Washington (CNN) — Steve Bannon, the right-wing podcaster and former Donald Trump aide, asked a federal judge on Thursday to release him from prison early as he continues to challenge his contempt of Congress conviction.

Bannon reported to prison earlier this summer to begin serving a four-month sentence for defying a congressional subpoena from the now-defunct House select committee investigating the January 6, 2021 US Capitol attack. He is currently set to be released on October 29.

His prison sentence had been on hold as he challenged his conviction at federal courts in Washington, DC. But after a three-judge panel of the DC US Circuit Court of Appeals ruled against him in May, he was ordered to begin serving it.

Now, Bannon is asking the federal judge who oversaw his trial to release him early, pointing to his pending request for the full DC Circuit to review his challenge to the conviction. His attorneys are arguing that if the full appeals court agrees to take a look at the case or declines to do so over the dissent of at least one judge it “would … necessarily be an intervening and changed circumstance since this Court’s last decision on bail.”

“Mr. Bannon’s case presents compelling circumstances because of the subsequent developments discussed above – namely the realistic prospect that the D.C. Circuit will grant en banc or issue dissents from denial on the core issue in this case, either of which would demonstrate this case raises substantial issues and that Mr. Bannon should not have to serve his entire sentence before the en banc D.C. Circuit or Supreme Court can hear his case,” Bannon’s attorneys wrote.

They said that if Judge Carl Nichols does not agree to release him early, he should instead “reduce his sentence … and impose a period of supervised release.”

Previous efforts by Bannon to remain free have been rejected, including by Nichols and the Supreme Court.

Bannon is one of two former members of Trump’s inner circle who faced prosecution for not participating in the House January 6 probe. The second, former Trump White House aide Peter Navarro, has already served a four-month prison sentence for his conviction.

When the now-defunct House panel sought documents and testimony from Bannon in 2021, it pointed to alleged communications between Bannon and Trump in the days leading up to the January 6 Capitol attack, as well as comments Bannon made on his podcast the day before the riot that “all hell is going to break loose tomorrow.”

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CNN’s Tierney Sneed and Holmes Lybrand contributed to this report.