Former White House chief strategist Steve Bannon has appealed to the United States Court of Appeals for the District of Columbia Circuit, asking them to let him stay out of prison while he fights his contempt of Congress conviction.

Bannon was convicted in November 2021 by a federal jury on two counts of contempt for failing to comply with a subpoena from the House Select Committee investigating the January 6th Capitol riot. He was sentenced to 60 days in jail and ordered to pay a fine of $5,000.

In his appeal, Bannon’s lawyers argue that the evidence against him was insufficient and that the trial judge provided erroneous instructions to the jury. They also claim that Bannon is not a flight risk and would not pose a danger to society if he remains out of prison while his case is being appealed. The appeal also argues that the 60-day sentence imposed by the trial court was excessive and should be reduced.

Bannon’s legal team further argued that keeping him out of jail would be in line with other high-profile cases where defendants have been allowed to remain free while they pursue appeals. One such example cited was former Trump campaign chairman Paul Manafort, who was allowed to remain out of prison while appealing his conviction on tax and bank fraud charges.

The appeal also stated that Bannon has been fully compliant with the conditions of his release thus far and has not shown any indication that he would not continue to do so. It also pointed out that Bannon’s actions were not motivated by an intent to obstruct Congress but rather a genuine belief in executive privilege.

Meanwhile, the House Select Committee is pushing for the court to deny Bannon’s request and have him taken into custody immediately. The committee maintains that Bannon’s refusal to comply with their subpoena is part of a broader effort to obstruct their investigation into the events of January 6th.

The appeals court has yet to make a decision on Bannon’s request. However, the case has drawn attention as it may set a precedent for how future contempt of Congress cases are handled.

Bannon’s appeal comes at a time when tensions between former President Trump and the House Select Committee have been escalating. In recent weeks, Trump has sought to assert executive privilege over documents related to January 6th, which the committee argues does not apply since he is no longer in office.

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