Well, he certainly has and he is likely headed for federal prison, altho not for this comment- yet.
On August 20, 2020, a federal grand jury indictment was unsealed against Bannon and three others, charging them with conspiracy to commit wire fraud and money laundering. Each charge has a maximum penalty of 20 years in prison upon conviction.[239][240][241] Federal prosecutors of the U.S. Attorney’s Office for the Southern District of New York allege that Bannon, United States Air Force veteran Brian Kolfage and the two other defendants used funds received from the We Build the Wall fundraising campaign, marketed to support the building of a border wall between the U.S. and Mexico, in a way which was “inconsistent” with how they were advertised for use to the public.[242][243][244] According to the indictment, donations were collected through a GoFundMe campaign that was launched in December 2018.[245][246] Bannon promoted the project until the day before the indictment, saying “You’ve been the leader of this, assisting President Trump in building this wall in these tough areas” in his War Room: Pandemic podcast.[247][248]
Federal prosecutors allege that Bannon and the three other men conspired to use a non-profit group run by Bannon, and a shell company controlled by one of the other defendants, to make payments to themselves, despite promises to donors that their contributions would go to build a wall. Prosecutors also alleged that Bannon received more than $1 million in connection with the plan, some of which was paid to Kolfage in secret[245][240][241] and some of which Bannon and two other defendants allegedly used for personal expenses ranging from paying off credit cards to personal travel.[249] Prosecutors stated that they plan to seize the assets of Bannon’s non-profit Citizens of the American Republic, as well as other organizations “politically aligned with [Donald] Trump”.[250] Bannon was arrested by U.S. Postal Inspectors on Long Island Sound, off the coast of Connecticut,[251] on board People’s Republic of China expatriate Guo Wengui’s luxury yacht.