Former Trump adviser Steve Bannon should begin serving a four-month prison sentence now that a federal appeals court has upheld his contempt-of-Congress conviction, the Justice Department told a federal judge on Tuesday.

US District Judge Carl Nichols, who presided over Bannon’s trial, had paused Bannon’s sentence while an appeal of his conviction played out.

Bannon was found guilty by a federal jury of two counts of contempt of Congress in July 2022 for defying a subpoena by the House January 6 select committee in their investigation into the 2021 attack on the US Capitol.

The Justice Department said in its court filing that a person who is found guilty must report for their term of imprisonment unless the defendant can establish that, “the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in reversal.”

“The D.C. Circuit rejected defendant’s appeal on all grounds, including the primary argument on appeal: the requisite mental state required for a contempt of Congress violation,” the Justice Department wrote.

The unanimous decision by the appeals court was a win for Congress, potentially paving the way for how others will be held accountable for denying a Congressional subpoena.

The timing of when Bannon will be expected to report to prison is still unclear.

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