Bannon was sentenced to four months in jail in October 2022 after he was convicted of two counts of contempt in connection to his failure to abide by a congressional subpoena issued to him by the House Select Committee investigating the January 6 attack.

Oral arguments will be heard at an appeals court on November 9. Bannon has not served any custodial time pending the results of his conviction appeal.

Bannon launched an appeal against his conviction while arguing that he was not able to explain his reasoning for defying the subpoena. David Schoen, Bannon's lawyer, told the Court of Appeals that Trump had invoked executive privilege on October 5, 2021, which prevented Bannon from testifying or handing over documents, and that Bannon was told by his former attorney, Robert Costello, he could not waive it.