 Bannon had tried to assert executive privilege, even though he was not working in the Trump White House at the time. But a judge rejected his arguments and a federal appeals court eventually agreed. Bannon filed an emergency petition with the Supreme Court in an effort to avoid reporting to prison by July 1st to serve his four-month sentence. The government lawyer said Bannon engaged in total noncompliance with subpoenas and there was no chance he would win on the substance.