DOJ asks judge to order Steve Bannon to start prison sentence

May 14 (UPI) -- The Department of Justice on Tuesday asked a federal judge to order the start of former White House adviser Steve Bannon's prison sentence after an appeals court upheld his conviction.

In a filing to District of Columbia Circuit Judge Carl Nichols, prosecutors argued "there is no longer a 'substantial question of law that is likely to result in a reversal or an order for a new trial,'" after a three-judge panel on Friday rejected Bannon's bid to overturn his conviction.

Bannon was convicted in 2022 on two counts of contempt of Congress for defying a subpoena and refusing to turn over documents to the House Jan. 6 select committee.

He was sentenced in October to a four-month prison sentence and to pay a fine of $6,500.

Bannon was able to avoid prison time while he appealed the conviction, but with the Friday's decision, there is "no longer any legal basis" for him to remain free, according to federal prosecutors.

If Nichol's agrees with the Justice Department, Bannon would be the second adviser of former President Trump to face prison time for contempt of Congress charges.

Former Trump adviser Peter Navarro similarly is serving a four-month prison sentence in Miami for refusing to appear before the Jan. 6 committee.

A judge ordered Navarro to report to prison in March after his appeal was rejected.

Bannon has said he'd be willing to go to prison for defying the Jan. 6 committee and had repeatedly threatened "retribution" against the committee.

He still has the option to request the full appeals court or the U.S. Supreme Court to review the case to delay is prison term.