Steve Bannon, the right-wing podcaster and former adviser to Donald Trump, asked a federal judge on Thursday to grant him early release from prison as he continues to appeal his conviction for contempt of Congress.

Bannon reported to jail earlier this summer to begin serving a four-month sentence for ignoring a subpoena from the now-defunct House select committee investigating the Jan. 6, 2021, attack on the Capitol. He is expected to be released on Oct. 29.

His prison sentence had been suspended while he challenged his conviction in federal courts in Washington, D.C. But after a three-judge panel of the D.C. U.S. Circuit Court of Appeals ruled against him in May, he was ordered to serve his sentence.

Now, Bannon is asking the federal judge who oversaw his trial to grant him early release, citing his pending request for the full D.C. Circuit to review his appeal of the conviction. His attorneys argue that if the full appeals court agrees to review the case or declines to do so because of the dissent of at least one judge, it “…would necessarily be an intervening and changed circumstance since this court’s last decision on bail.”

“Mr. Bannon’s case presents compelling circumstances because of the subsequent developments discussed above — namely, the realistic prospect that the DC Circuit will grant en banc or issue dissenting opinions from the denial on the core issue in this case, either of which would demonstrate that this case raises substantial issues and that Mr. Bannon should not have to serve his full sentence before the en banc DC Circuit or the Supreme Court can hear his case,” Bannon’s attorneys wrote.

They said that if Judge Carl Nichols does not agree to his early release, he should instead “reduce his sentence … and impose a period of conditional release.”

Previous attempts by Bannon to remain free have been rejected, including by Nichols and the Supreme Court.

Bannon is one of two former members of Trump’s inner circle who were prosecuted for failing to participate in the House investigation on January 6. The second, former Trump White House adviser Peter Navarro, has already served a four-month prison sentence for his conviction.

When the now-defunct House committee requested documents and testimony from Bannon in 2021, it pointed to alleged communications between Bannon and Trump in the days leading up to the January 6 attack on the Capitol, as well as comments Bannon made on his podcast the day before the riot that “all hell breaks loose tomorrow.”

CNN’s Tierney Sneed and Holmes Lybrand contributed to this report.

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