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Bannon v. United States

Petition for a writ of certiorari is granted on April 6, 2026. The judgment is vacated, and the case is remanded to the U.S. Court of Appeals for the D.C. Circuit for further consideration in light of the pending motion to dismiss the indictment.

Docket No. Op. BelowArgument Opinion Vote Author Term
25-453 D.C. Cir. Not Argued Apr 6, 2026 TBD TBD OT 2025

Issue: (1) Whether “willfully” in 2 U.S.C. § 192 – which 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 – requires the government to prove the defendant knew his conduct was unlawful; and (2) whether the proper composition of a congressional committee bears on its “authority” to issue a subpoena for purposes of 2 U.S.C. § 192.

DateProceedings and Orders (key to color coding)
08/01/2025Application (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.
08/07/2025Application (25A144) granted by The Chief Justice extending the time to file until September 24, 2025.
09/18/2025Application (25A144) to extend further the time from September 24, 2025 to October 24, 2025, submitted to The Chief Justice.
09/19/2025Application (25A144) granted by The Chief Justice extending the time to file until October 10, 2025.
10/10/2025Petition for a writ of certiorari filed. (Response due November 14, 2025)
10/30/2025Waiver of right of respondent United States to respond filed.
11/05/2025DISTRIBUTED for Conference of 11/21/2025.
11/10/2025Response Requested. (Due December 10, 2025)
12/04/2025Motion to extend the time to file a response from December 10, 2025 to January 9, 2026, submitted to The Clerk.
12/05/2025Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2026.
12/10/2025Brief amicus curiae of Iowa filed.
12/22/2025Motion to extend the time to file a response from January 9, 2026 to February 9, 2026, submitted to The Clerk.
12/23/2025Motion to extend the time to file a response is granted and the time is further extended to and including February 9, 2026.
02/09/2026Brief of respondent United States filed.
02/12/2026Reply of petitioner Stephen K. Bannon filed.
02/18/2026DISTRIBUTED for Conference of 3/6/2026.
03/16/2026DISTRIBUTED for Conference of 3/20/2026.
03/23/2026DISTRIBUTED for Conference of 3/27/2026.
03/30/2026DISTRIBUTED for Conference of 4/2/2026.
04/06/2026Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the pending motion to dismiss the indictment.