The US Supreme Court on Monday vacated an appellate ruling upholding Steve Bannon’s contempt of Congress conviction, clearing the way for the Department of Justice (DOJ) to dismiss criminal charges against the former White House strategist.

In its order, the Court granted Bannon’s certiorari petition and remanded the case to the Court of Appeals for the DC Circuit “for further consideration in light of the pending motion to dismiss the indictment.” The order did not dismiss the case outright but returned the matter to the lower court to address the DOJ’s pending motion to dismiss, filed in the district court.

Solicitor General D. John Sauer urged the court in a February brief to vacate the appellate court judgment, writing that “the government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice.” Sauer also argued that federal procedural rules permit the government to seek dismissal “even after a jury finds the defendant guilty and the district court enters judgment.”

A jury convicted Bannon in July 2022 on two counts, brought by then-president Joe Biden’s DOJ, of willfully defying congressional subpoenas issued by the House Select Committee to Investigate the January 6 Attack on the US Capitol. Bannon refused to produce documents or appear for testimony, asserting executive privilege on behalf of President Donald Trump. The DC Circuit court affirmed the conviction and the Supreme Court declined to stay his sentence pending further appeal. Bannon reported to prison in July 2024 and served four months.

The case raises questions about executive branch authority to dismiss prosecutions stemming from congressional oversight. The Monday order sends the case back to the DC Circuit to address the pending dismissal motion. If the district court, where US Attorney Jeanine Pirro has filed the motion, ultimately grants it, the charges against Bannon will be dismissed.