Steve Bannon has been sentenced to four months in prison and has been ordered to pay a fine of $6,500.

However Judge Nichols said he agreed that Bannon should not have to serve a sentence while he appeals his case, which Bannon has indicated he will do.

Bannon attorney David Schoen took exception to the suggestion that Bannon did not have a legitimate claim of executive privilege when he rejected the committee's subpoena.

In particular, Schoen went after Trump lawyer Justin Clark, who told DOJ investigators in July that at no point did former President Donald Trump ever invoke executive privilege over Bannon's testimony.

"You wouldn't believe a thing he says," Schoen said of Clark, who also contradicted other claims made by Bannon's defense team in their case.

Federal prosecutor J.P. Cooney argued that Bannon is not above the law and should be sentenced and treated like any other citizen.

"It must be made clear to the public and the grand jury ... that no one is above the law," Cooney said. "He hid behind a fabricated claim of executive privilege, to thumb his nose at Congress."

"He had an interest in making a public spectacle of the committee's hearings," Cooney told the judge, saying that Bannon "has tried to make it about nothing but politics and retribution."

The hearing got underway with Judge Carl Nichols saying he tended to agree with the government on the sentencing guidelines.

The judge said that Bannon "has expressed no remorse for his actions" and hasn’t demonstrated that he has any intention of complying with the subpoena from the Jan. 6 committee.

Bannon attorney David Schoen argued that there should not be a 30-day mandatory minimum of jail time for the offense.

Nichols, however, rejected that argument, saying the statute is clear on the point that there is a mandatory minimum of 30 days and a mandatory maximum of 12 months.

The Department of Justice is seeking six months in prison and a fine of $200,000 when Steve Bannon is sentenced this morning, according to a court filing Monday.

The adviser to former President Donald Trump was convicted in July on two counts of criminal contempt of Congress, after he refused to appear before the House select committee investigating the Jan. 6 attack.

"From the time he was initially subpoenaed, the Defendant has shown that his true reasons for total noncompliance have nothing to do with his purported respect for the Constitution, the rule of law, or executive privilege, and everything to do with his personal disdain for the members of Congress sitting on the Committee and their effort to investigate the attack on our country's peaceful transfer of power," prosecutors said in Monday's filing. "[Bannon's] abject refusal to heed the Committee's subpoena, under the circumstances with which this country is confronted, could not be more serious."

Bannon faces a maximum sentence of one year per count, for a total of two years behind bars.

In his own sentencing memorandum Bannon asked that he be sentenced to a period of probation and is seeking a stay of any sentence pending appeal of his conviction.