Donald Trump’s ally Steve Bannon has asked the Supreme Court to delay his prison sentence while he fights his convictions for defying a subpoena from the House committee that investigated the 2021 attack on the US Capitol.
The request from former president Donald Trump’s longtime ally on Friday came after a federal appeals court panel rejected his bid to avoid reporting to prison by July 1 to serve his four-month sentence.
It was addressed to Chief Justice John Roberts, who oversees emergency appeals from courts in Washington, DC.
Bannon was convicted nearly two years ago of two counts of contempt of Congress but is appealing against the conviction.
The high court previously refused to delay a similar prison sentence for another former Trump aide, Peter Navarro.
Bannon’s request comes a week before the court is set to begin its summer recess.
Bannon was convicted for refusing to sit for a deposition with the January 6 House Committee and for refusing to provide documents related to his involvement in Mr Trump’s efforts to overturn his 2020 presidential election loss to Democrat Joe Biden.
Bannon has cast the case as politically motivated, and his lawyer David Schoen has said the case raises “serious constitutional issues” that need to be examined by the Supreme Court.
If Bannon goes to prison next month, he will likely have to serve his full sentence before the high court has the chance to review those questions, since the court is due to take its summer recess at the end of June, lawyer Trent McCotter wrote in his emergency application.
Bannon’s lawyer says the former adviser did not ignore the subpoena but was still negotiating with the congressional committee when he was charged. His previous lawyer told him that the subpoena was invalid because the Republican former president has asserted executive privilege and the committee would not allow a Trump lawyer in the room.
In court papers, Bannon’s lawyers also previously argued that there is a “strong public interest” in allowing him to remain free in the run-up to the 2024 election because Bannon is a top adviser to Mr Trump’s campaign.
Bannon’s prison term has been delayed as he appealed. US district judge Carl Nichols ordered him to turn himself in after an appeals court panel upheld his contempt of Congress convictions.
Trade adviser Mr Navarro was also convicted of contempt of Congress. He reported to prison in March to serve his four-month sentence after the Supreme Court refused his bid to delay the sentence.
Courts have rejected his executive-privilege argument, finding Navarro could not prove Mr Trump had actually invoked it.
Bannon is also facing criminal charges in New York state court alleging he duped donors who gave money to build a wall along the US southern border.
Bannon has pleaded not guilty to money laundering, conspiracy, fraud and other charges, and that trial has been postponed until at least the end of September.