The prison sentence of former chief White House strategist Steve Bannon was delayed on Monday after Bannon appealed his conviction on two counts of criminal contempt of Congress for not showing up to testify in front of the January 6 committee. 

Bannon was sentenced to four months in prison more than two weeks ago after being convicted of contempt of Congress in July. Judge Carl Nichols of the U.S. District Court of the District of Columbia ruled Monday to delay Bannon’s prison term until his appeal processes through the U.S. Court of Appeals.

Bannon – the adviser to former President Donald Trump – refused orders to appear from the House Committee investigating the Jan. 6 riot at the Capitol and was indicted more than a year ago for defying a congressional subpoena. Bannon has called the committee political theater.  On Friday, Bannon filed a notice to appeal his conviction. The grounds on which Bannon is appealing the conviction are not yet confirmed, though it is expected that his legal team will argue that he was acting on the advice of counsel to not appear before the House Committee.

Bannon had previously claimed he could not appear due to executive privilege as his testimony could involve conversations with the former President.  His team said he was advised by attorney Robert Costello to defy the congressional subpoena and was simply doing as he was advised to do:

“The facts of this case show that Mr. Bannon’s conduct was based on his good-faith reliance on his lawyer’s advice. Mr. Costello provided advice to Mr. Bannon, and Mr. Bannon acted on that advice.”

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