Navarro makes last-ditch bid at Supreme Court to avoid jail


Peter Navarro is asking the Supreme Court to give him one last chance to stay out of jail.

The former Trump White House trade adviser is slated to report to federal prison in Miami next Tuesday to begin serving a four-month sentence for defying a subpoena from the Jan. 6 select committee, but is seeking to remain free while he appeals his convictions.

Navarro’s attorneys filed an emergency application Friday afternoon with Chief Justice John Roberts, who receives such appeals from the D.C. Circuit. Roberts is likely to refer the request to the full court for action.

Navarro was convicted by a Washington jury in September of two misdemeanor counts of contempt of Congress for refusing to provide documents or testimony to the Jan. 6 panel, which was investigating efforts by then-President Donald Trump and his allies to subvert the 2020 election — and the violent mob that attacked the Capitol and delayed certification of the Electoral College tally.

Navarro, who helped strategize with Trump allies in Congress to raise challenges to Joe Biden’s victory on Jan. 6, 2021 — when lawmakers met to certify the election results — had asked two lower courts to allow him to remain free while he appeals his conviction.

But U.S. District Judge Amit Mehta — who presided over Navarro’s trial — and a three-judge panel of the D.C. Circuit Court of Appeals, on Thursday rejected Navarro’s request to delay his prison term, although his appeal of his convictions remains pending.

“For the first time in our nation’s history, a senior presidential advisor has been convicted of contempt of congress after asserting executive privilege over a congressional subpoena,” Navarro attorneys Stan Brand and Stanley Woodward wrote in the high court filing. “The prosecution of a senior presidential advisor asserting executive privilege conflicts with the constitutional independence required by the doctrine of separation of powers.”

Navarro has argued that he believed he did not have to comply with the Jan.6 committee’s subpoena because Trump had asserted executive privilege to bar Navarro’s testimony. But Mehta and the appeals court found that Navarro presented no evidence that Trump had actually done so — and that even if he had, there were still topics of testimony that Navarro could discuss without violating Trump’s claimed privilege.

The motion filed with the high court asks for Navarro’s “release pending appeal,” although he hasn’t yet reported to jail.

Spokespeople for the U.S. attorney’s office in Washington, which prosecuted Navarro, and for the solicitor general, who handles litigation for the Justice Department at the Supreme Court, did not immediately respond to requests for comment on Navarro’s application.

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