A presidential pardon wiped out Steve Bannon’s federal border-wall case in January 2021, but it could not stop New York. The Bannon state case after pardon ended with a guilty plea in Manhattan in February 2025, the clearest recent example that a federal pardon does not reach state charges. Bannon called the state case a political attack, and he was never tried or convicted on the federal charges, which the pardon ended.
Where it stands: The New York matter is closed. AP reported that Bannon pleaded guilty to one count of scheme to defraud, and NBC News reported: “Bannon was sentenced to three years conditional discharge.” His separate contempt-of-Congress conviction went back to a lower court after an April 2026 Supreme Court order, which this article covers below.
What did the federal pardon cover?
It covered only the federal indictment, and only federal law. The Manhattan District Attorney’s office later summarized the history this way: “In August 2020, BANNON and three others were indicted by the United States Attorney’s Office for the Southern District of New York for crimes related to WEBUILDTHEWALL’s fundraising scheme.”
The pardon came before any trial. The same DA release states: “On January 20, 2021, BANNON received a presidential pardon on the federal matter from former President Donald J.” Trump. NBC News reported that Bannon “pleaded not guilty and was pardoned by Trump in the final hours of his first term in office.”
Bannon was not alone in that case. AP reported that “Two other men involved in the We Build the Wall project, Brian Kolfage and Andrew Badolato, pleaded guilty to federal charges and were sentenced to prison,” and that “A third defendant, Timothy Shea, was convicted and also sentenced to prison.” The pardon reached Bannon alone; his three co-defendants went on to face their federal charges.
Why could New York charge him after a pardon?
Because the Constitution limits the pardon to federal crimes. Article II gives the president power “to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” A New York felony is an offense against New York, not against the United States.
The Supreme Court restated the related rule, known as dual sovereignty, in 2019. Under it, Washington and each state count as distinct governments, and each may punish the same conduct under its own code. In Gamble v. United States, the Court said “a State may prosecute a defendant under state law even if the Federal Government has prosecuted him for the same conduct under a federal statute.”
AP put the result plainly: “Presidential pardons apply only to federal crimes, not state offenses.” NBC added that “Trump could not pardon him because he was facing state charges, not federal.”
What did the state indictment charge?
The DA’s office announced the state indictment with New York Attorney General Letitia James. It alleged “a year-long fundraising scheme that netted more than $15 million from thousands of donors across the country based on false promises.” The charges against Bannon included money laundering, conspiracy and “Scheme to Defraud in the First Degree, a Class E Felony, one count.”
The release carried the standard caution: “The charges contained in the indictment are merely allegations and the defendants are presumed innocent unless and until proven guilty.”
Outlets give different dates for the charges. The DA’s release is dated September 2022. NBC News wrote that “Prosecutors from Bragg’s office charged Bannon in the current case in Aug. 2022”. This article relies on the DA’s own release for the announcement date.
Bannon contested the case from the start. NBC reported that he entered a not-guilty plea and called the case “partisan political weaponization of the criminal justice system.”
How did the Bannon state case after pardon end?
It ended in a plea bargain, shortly before a scheduled trial. AP reported that Bannon “pleaded guilty in state court in Manhattan to one count of scheme to defraud, a low-level felony,” and that “Under the deal, prosecutors agreed to drop money laundering and conspiracy charges against him.”
Under the deal he avoided jail. NBC reported the sentence as three years of conditional discharge, which keeps the conviction on the record but imposes conditions instead of a jail term.
Both sides spoke after the hearing. Bannon called the case a “political persecution,” AP reported. Manhattan District Attorney Alvin Bragg said in a statement: “This resolution achieves our primary goal: to protect New York’s charities and New Yorkers’ charitable giving from fraud.”
📨 Get Free Accountability Coverage Alerts
Free · No spam · Unsubscribe anytime
| When | Who acted | What happened | Federal or state |
|---|---|---|---|
| August 2020 | U.S. attorney, Southern District of New York | Bannon and three others indicted over the We Build the Wall fundraiser | Federal |
| January 2021 | President Trump | Pardon on the federal matter, before any trial | Federal |
| 2022 (DA: September; NBC: August) | Manhattan DA and New York AG | State indictment; Bannon pleads not guilty | State |
| February 2025 | New York state court | Guilty plea to one count of scheme to defraud; three-year conditional discharge | State |
Did the timing of the pardon matter?
It may have. Many states have their own double-jeopardy statutes that limit a second prosecution after another sovereign has already tried someone. Those statutes usually turn on whether the first case reached the point legally called “jeopardy.”
Just Security explained the federal rule: “In 1978, the U.S. Supreme Court held that jeopardy attaches once a jury is sworn in (or for a bench trial, when the judge swears in the first witness).” Bannon’s pardon came before any jury was sworn, so the federal case never reached that stage.
Our sources do not say whether Manhattan prosecutors had to rely on New York’s 2019 law aimed at pardons, Criminal Procedure Law 40.51, or whether the ordinary rules were enough. We do not speculate about it. The 2019 law has its own explainer here, and the wider map of state limits is in our guide to states that bar a second prosecution.
Is Bannon’s contempt-of-Congress case part of this?
No. That was a separate federal case about his refusal to comply with a subpoena from the House January 6 committee. It was not covered by the 2021 pardon, which predates it.
In April 2026, the Supreme Court did not pardon or acquit anyone in that matter. According to The National News Desk, the justices vacated the appeals ruling and returned the case for “further consideration,” pointing to a pending request to dismiss the indictment. That request came from the Justice Department. Our sources found no final dismissal and no contempt pardon as of late October 2026. The enforcement questions are covered in our piece on contempt of Congress.
What does the Bannon example mean for Trump’s other pardons?
It shows a route, not an outcome. A state can bring its own case only if the conduct also broke that state’s law, its prosecutors choose to act, and its own statutes allow a second prosecution. None of that is automatic, and nothing in the Bannon record predicts what any state will do about anyone else.
Trump’s later pardons, including the January 6 grants and the November 2025 elector pardon, are listed with their stated scope on our Trump pardon tracker. Each covers federal offenses only, the same limit that left New York free to proceed against Bannon in 2022.
Frequently Asked Questions
Did Trump pardon Steve Bannon?
Yes. Trump pardoned Bannon on the federal We Build the Wall charges in January 2021, before any trial. The pardon covered federal offenses only.
Why was Bannon prosecuted after his pardon?
Manhattan prosecutors charged him under New York law. A presidential pardon covers only offenses against the United States, and under the dual sovereignty rule a state may prosecute the same conduct under its own laws.
What did Bannon plead guilty to?
AP reported a February 2025 plea in Manhattan to a single scheme-to-defraud count, which it described as a low-level felony. Prosecutors dropped the money laundering and conspiracy charges under the deal.
What sentence did Bannon get in the New York case?
NBC News reported a three-year conditional discharge. He avoided jail time under the plea agreement.
Can a state prosecute anyone Trump pardoned?
Only for conduct that also broke that state’s law, and only if the state’s own double-jeopardy statutes allow it and its prosecutors choose to act. The Bannon case shows the route exists; it does not predict any other case.
Sources
- D.A. Bragg, A.G. James Announce Indictment of Stephen Bannon for $15 Million “We Build The Wall” Fundraising Fraud — Manhattan District Attorney’s Office, September 8, 2022
- Trump ally Steve Bannon pleads guilty and avoids jail time in border wall fraud case — The Associated Press (via KAXE), February 11, 2025
- Steve Bannon pleads guilty in New York ‘We Build the Wall’ case — NBC News, February 11, 2025
- The Constitution of the United States: A Transcription — National Archives, text of 1787
- Gamble v. United States, No. 17-646 — Supreme Court of the United States, June 17, 2019
- The States Can Trump Trump’s Pardons — Just Security (Jed Shugerman), September 5, 2017
- Supreme Court order paves way to toss Steve Bannon contempt of Congress conviction — The National News Desk (KMPH), April 6, 2026
This article is news reporting and analysis based on the public sources listed above, as they stood on the dates shown. Where officials, lawmakers or analysts disagree, including on whether an action is lawful, their positions are attributed to them; Donald Trump Class Action is not a court and nothing here is legal advice. Facts in a developing story can change.