The Supreme Court on Monday denied a long-shot attempt by former Trump White House adviser Peter Navarro to stay out of prison while he appeals his conviction for evading a congressional subpoena from the House committee on Jan. 6.
Navarro, 74, was found guilty last year on two counts of contempt of Congress — one for failing to produce documents related to the investigation and another for ignoring his testimony before the select panel that investigated the Jan. 6, 2021, attack on the Capitol.
The Supreme Court’s denial of Navarro’s request follows his second request to the country’s highest court to release him while he contests his conviction.
By default, Navarro’s first emergency request to remain out of prison while he appealed his conviction was to Chief Justice John Roberts.
Roberts, who granted only the request, said in March that he would not suspend Navarro’s four-month prison sentence while his appeal proceeds, forcing the former Trump aide to report to a federal prison in Miami on March 19.
Navarro then renewed his motion to Justice Neil Gorsuch. As the court typically does to avoid repeated efforts, Gorsuch referred the matter to the full court for a vote. Navarro’s request was again denied.
The ruling means Navarro will likely serve his four-month prison sentence before arguing an appeal of his conviction before the U.S. Court of Appeals for the District of Columbia Circuit.
At trial, Navarro attempted to prove to a jury that he was protected by executive privilege to comply with the House’s January 6 committee requests. But the district judge barred him from using executive privilege as part of his defense after finding that he failed to prove that the privilege was ever invoked by former President Trump.
Defense attorneys said the decision “damaged” their defense, and Navarro told the judge during his sentencing that he had an “honest belief” that executive privilege had been invoked.
“This is the partisan weaponization of our judicial system,” Navarro said during a press conference in March, shortly before reporting to prison, where he criticized the district and appellate judges who oversaw his case as “Democrats from start to finish.” ”.
Former White House counsel Steve Bannon was also convicted of two counts of contempt of Congress for failing to comply with a Jan. 6 committee subpoena and sentenced to four months in prison. But a different judge ruled he could remain free pending appeal.
His case was argued before a federal appeals court in November, but he has not yet served prison time.
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