It appears Judge Carl Nichols will sentence Steve Bannon to at least one month in jail, if not longer.

He has accepted the prosecution's argument that Bannon did in fact show contempt for Congress, and has asserted that each of the two charges he faces is subject to at least one month behind bars which is the mandatory minimum under the law.

David Schoen, Bannon's attorney, earlier argued a contempt of Congress charge is not subject to mandatory minimum or maximum sentencing guidelines.

Schoen represented Donald Trump at his second impeachment trial in early 2021.

Image source, Getty Images

Steve Bannon had a direct line to Donald Trump during the 2016 presidential campaign and in the early stages of his presidency.

Even after he left the White House in 2017, Bannon is said to have remained an unofficial adviser to Trump, including at the time of the Capitol riot. What Bannon knows of the insurrection, Trump may know too.

The congressional committee probing the attack voted last week to issue a subpoena to Trump himself.

It's an extremely rare step to take against a former president, although it is unclear whether Trump will obey the summons.

Refusal to comply with the subpoena could, however, bring fresh legal problems for Trump. Although holding a former president in contempt would be an unusual and uncertain process.

Image source, Reuters

Judge Carl Nichols has opened Bannon's sentencing hearing.

The Trump-appointee will hear arguments from both sides. Steve Bannon will also have the chance to speak.

Then, after a short break, Judge Nichols will issue a sentence.

In the first few moments in court, Judge Nichols asks Bannon if he is satisfied with the services of his attorney - a question that may be critical if Bannon pursues an appeal.

Bannon replies: "Yes, your honour."

The judge then says he agrees with the prosecution's claims that Bannon has expressed "no remorse" for his actions and "has yet to demonstrate that he has any intention to comply with the subpoena".

Image source, Getty Images

Steve Bannon has vowed to appeal his conviction on two counts of contempt of Congress.

He's expected to argue before a federal appeals court that he should have been allowed to argue at trial that he defied the congressional subpoena on the advice of his lawyers.

He will also ask the judge at today's hearing to delay any potential penalty until the appeals process - which is potentially months-long - is complete.

Judge Carl Nichols, a Trump appointee who has been sympathetic to some of Bannon’s arguments, may be inclined to grant that request.

This would still mean we get a sentencing today - but Bannon would not serve the potential penalty immediately.

The Department of Justice, however, has called on the judge to impose any prison term immediately.

Steve Bannon has just arrived at court in Washington DC.

"Remember this is an illegitimate regime. Their judgment day is on 8 November when the Biden administration ends," he said in brief remarks to the media before entering the building.

A small crowd of protesters heckled the long-time Donald Trump ally as he spoke, with some shouting "traitor".

An inflatable rat - mocked up to look like Trump - has also been placed outside the court.

Image source, Getty Images

The sentencing is due to begin at a federal court in Washington DC at 09:00 local time (13:00 GMT).

Judge Carl Nichols - a Trump appointee - will deliver the penalty.

It will be the culmination of a months-long process that started when Steve Bannon refused to testify or provide documents to the congressional committee investigating the events of 6 January 2021.

Last year, the Democratic-led House of Representatives voted 229 to 202 to hold Bannon in contempt, laying the groundwork for his indictment and his trial in July.

On the eve of his trial, Bannon reversed course and offered to testify - nine months after the House committee had requested his testimony.

After three hours of deliberation, the jury found him guilty on two counts of contempt.

Bannon’s is the first trial so far over a refusal to co-operate with the committee.

Bannon was found guilty of two counts of criminal contempt of Congress in July.

Each count carries a maximum penalty of one year in prison and a fine of $100,000 (£90,250).

But prosecutors from the Department of Justice recommended on Monday that he spend at least six months in jail and pay a fine of $200,000.

They argued that not only was his non-compliance with Congress “complete and unremitting” but he had made several disparaging statements outside the courtroom and on his podcast.

“His contempt was deliberate and continues to this day,” they wrote.

Bannon’s defence team argued it would be unusual to see him face a prison sentence over these charges and he should get no jail time.

They have called instead for a probationary period.

Image source, Getty Images

For a time, Steve Bannon was arguably the second-most powerful man in Washington.

The former naval officer, investment banker and Hollywood producer gained fame as the co-founder of the combative right-wing website Breitbart News.

In 2016, Bannon was named chief executive of Donald Trump’s presidential campaign. When Trump won, he was appointed chief White House strategist.

But just seven months later he was out, following the political fallout from a violent far-right rally in Charlottesville, Virginia in August 2017.

The 68-year-old is still considered a top Trump ally, and is said to have been an unofficial adviser to the former president at the time of the Capitol riot on 6 January 2021.

You can read more here.

Steve Bannon, the former White House chief strategist and long-time ally of Donald Trump, is due to be sentenced shortly after he failed to co-operate with the congressional committee investigating last year’s Capitol riot.

He was found guilty in July of two counts of contempt of Congress after he refused to comply with a subpoena compelling him to testify and hand over documents.

He faces the prospect of up to two years in prison and a $200,000 fine.