Supreme Court of the United States · Official docket →
Stephen K. Bannon v. United States
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-3086 · judgment May 10, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Section 192 of Title 2 states that anyone who is “summoned … by the authority of either House of Congress” and “willfully makes default” on the subpoena has committed a crime. In the criminal context, “[t]o prove ‘willfulness,’ the Government must demonstrate that an individual knew that his conduct was unlawful.” Bondi v. VanDerStok, 145 S. Ct. 857, 877 (2025) (Kavanaugh, J., concurring). Over a dissent from Judges Rao, Henderson, and Walker, the D.C. Circuit held below that “willfully” in § 192 nonetheless requires only intentional conduct, not knowledge the conduct was unlawful. Five other judges, including Judge Katsas, separately acknowledged that the D.C. Circuit’s interpretation is contrary to this Court’s typical rule. Judges Rao and Henderson also argued the subpoena here was not issued “by the authority” of the House of Representatives because the issuing committee’s composition and structure did not comply with the House Resolution creating the committee. The questions presented are: Whether “willfully” in 2 U.S.C. § 192 requires the government to prove the defendant knew his conduct was unlawful. Whether the proper composition of a congressional committee bears on its “authority” to issue a subpoena for purposes of 2 U.S.C. § 192.
Counsel of record
For petitioner
Michael Blandford Buschbacher
Boyden Gray PLLC
For respondent
D. John Sauer
Solicitor General
Proceedings
- May 08 2026Judgment issued.
- Apr 06 2026Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the pending motion to dismiss the indictment.
- Mar 30 2026DISTRIBUTED for Conference of 4/2/2026.
- Mar 23 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 16 2026DISTRIBUTED for Conference of 3/20/2026.
- Feb 18 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 12 2026Reply of petitioner Stephen K. Bannon filed.
- Feb 09 2026Brief of respondent United States filed.
- Dec 23 2025Motion to extend the time to file a response is granted and the time is further extended to and including February 9, 2026.
- Dec 22 2025Motion to extend the time to file a response from January 9, 2026 to February 9, 2026, submitted to The Clerk.
- Dec 10 2025Brief amicus curiae of Iowa filed.
- Dec 05 2025Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2026.
- Dec 04 2025Motion to extend the time to file a response from December 10, 2025 to January 9, 2026, submitted to The Clerk.
- Nov 10 2025Response Requested. (Due December 10, 2025)
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 30 2025Waiver of right of respondent United States to respond filed.
- Oct 10 2025Petition for a writ of certiorari filed. (Response due November 14, 2025)
- Sep 19 2025Application (25A144) granted by The Chief Justice extending the time to file until October 10, 2025.
- Sep 18 2025Application (25A144) to extend further the time from September 24, 2025 to October 24, 2025, submitted to The Chief Justice.
- Aug 07 2025Application (25A144) granted by The Chief Justice extending the time to file until September 24, 2025.
- Aug 01 2025Application (25A144) to extend the time to file a petition for a writ of certiorari from August 25, 2025 to September 24, 2025, submitted to The Chief Justice.