A federal judge appointed by President Donald Trump has blocked, for now, the Justice Department's effort to wipe out Steve Bannon's criminal convictions for contempt of Congress, ruling that prosecutors failed to give the court any substantive reason for dropping the case.

Judge Carl Nichols, a Trump appointee on the U.S. District Court for the District of Columbia, denied the government's motion without prejudice on Wednesday, finding that it did not meet the procedural requirements of Rule 48(a), the federal rule governing dismissal of indictments. "JUST IN: Surprise order from Judge Carl Nichols (Trump/DC) putting up some resistance to DOJ motion to wipe out Bannon's jury convictions for contempt of Congress," Politico's Josh Gerstein reported on X.

In his order, Nichols wrote that the Justice Department's filing offered no genuine explanation of its motives.

"The Government's motion does not explain its motivations for seeking dismissal of the indictment and thus fails to meet Rule 48(a)'s procedural requirement," Nichols wrote. "The sole explanatory sentence in the motion reads: 'The government has determined in its prosecutorial discretion that dismissal of this criminal case is in the interests of justice.' ECF 207 at 1. But that is the kind of 'conclusory statement by the prosecutor' that the Court of Appeals has said is insufficient to justify a Rule 48(a) motion. Ammidown, 497 F.2d at 620; see also Adams, 777 F. Supp. 3d at 208 ('[A] district court abuses its discretion if it does not articulate its reasons for granting or denying leave, and it cannot discharge its duties properly unless the underlying motion accurately states the government's reasons for dismissal.')."

"The Court will therefore deny the Government's motion without prejudice," he continued. "The Government is free to submit a renewed motion that complies with Rule 48(a)'s requirements."

Bannon, a far-right talk show host and one of Trump's closest informal advisers, is no stranger to controversy — from being roped into the president's political problems to accusations of cryptocurrency chicanery — and he frequently faces court battles. The ruling underscores how even a Justice Department under Trump still has to clear ordinary procedural hurdles in court before it can unwind a conviction, particularly in a case that grew out of the Jan. 6-era fight over congressional oversight. Trump's Justice Department has done its best to pull him out of any fires he finds himself in, and Nichols's order makes that task considerably harder.

One possible reason for the president's investment in his on-again, off-again adviser is Bannon's active push for Trump to seek a third term. Although the Constitution's 22nd Amendment strictly bars Trump from serving another term, both Trump and Bannon have said they want it to happen.

The two men have also been aligned in their reading of the political map ahead of the midterm elections. "With just 78 days to go before America's midterm elections," journalist Simon Marks wrote in the UK-based i Paper, "Steve Bannon — Donald Trump's on-again, off-again political adviser — is suddenly a deeply worried man. On Friday, (August 14), the president's political Svengali told viewers of his daily 'War Room' broadcast that he has looked at the state of play in the midterm election campaign and fears Republicans are destined to come up short. Citing figures showing that Democratic candidates are ahead — in some cases, comfortably ahead — in several key states, Bannon insisted the party is on the brink of what he termed 'a disaster… completely, an absolute debacle.'"

"But Bannon insisted there is still a way of saving the Trump project," Marks added. "He urged Republicans in Congress to immediately double down on their support of the president, warning the party's leaders that they are now complicit in a looming electoral disaster."

"Bannon is one of several Republican strategists who believe the answer to the party's woes is more Trump, not a retreat from him," Marks concluded. "A self-confessed 'huge advocate of President Trump's third term,' Bannon also continues to maintain that a way will be found to circumvent the Constitution and keep Trump at the helm for another four years…. In recent weeks, Trump has referenced the possibility of seeking a third term. He also sidestepped a reporter's question about whether he would rule out the prospect of trying to secure one, despite it being against the U.S. Constitution…. For now, Democrats are watching with glee."

Source: Alternet