Former Donald Trump aide Peter Navarro is asking Supreme Court Justice Neil Gorsuch to reconsider Chief Justice John Roberts‘ earlier denial of his motion to remain out of jail while he appeals his contempt of Congress conviction.
Navarro’s four-month sentence began on March 19, one day after Roberts turned down his request to remain free.
Tuesday’s petition for reconsideration was submitted by Navarro’s lawyers, Stan M. Brand and Stanley E. Woodward, Jr., stating: “Dr. Peter K. Navarro self-surrendered to the custody of the Bureau of Prisons on March 19, 2024 and has now served fifteen (15) days of his four (4) month sentence. Of note, on March 26, 2024, the D.C. Circuit set a briefing schedule in his appeal, providing that briefing will not be concluded until July 19, 2024, after he is scheduled to have served the entirety of his prison sentence. Accordingly, we respectfully request your reconsideration of the Chief Justice’s denial.”
Navarro’s lawyers declined to comment in an email response to Newsweek Tuesday night.
The Context
Navarro previously served as director of the Office of Trade and Manufacturing Policy in the White House of former President Donald Trump, an office that began under that administration and was later abolished by President Joe Biden. In early 2022, he was twice subpoenaed for testimony by the House select committee investigating that January 6, 2021, attack on the U.S. Capitol, which he did not comply with.
Former Donald Trump adviser Peter Navarro holds a press conference before turning himself in to a federal prison on March 19, 2024, in Miami, Florida. Navarro, who was convicted of contempt of Congress last year, surrendered at a federal Bureau of Prisons facility to begin serving his four-month sentence after speaking to the media.
AFP/Getty Images
As a result, Navarro was charged with contempt of Congress. He was convicted in September and, in January, sentenced to four months in prison and hit with a $9,500 fine.
Navarro claimed throughout the process that he did not have to turn over the documents requested by the select committee, as they were covered under Trump’s executive privilege. His attempts to have his conviction overturned consistently failed in court.
What We Know
Navarro is serving a four-month sentence at FCI Miami, a low-security institution with an adjacent minimum-security satellite camp. Prior to the start of his sentence, the former Trump aide held a press conference in the prison’s parking lot, where he blamed his sentence on a supposedly weaponized justice system and Democratic judges.
“When I walk into that prison today, the justice system, such as it is, will have done a crippling blow to the Constitution’s separation of powers and executive privilege,” Navarro said. “The second and related story has to do with the emergence of ‘lawfare’ and the partisan weaponization of our justice system, which we have seen come to this country with a vengeance since the coming of Donald John Trump as president.”
Navarro noted that he is the first senior White House advisor in American history convicted on his particular charges, which he erroneously referred to as an “alleged crime,” despite having been found guilty in a court of law.
He said that “for hundreds of years,” his charges “have not been a crime” and that the principle of “absolute testimonial immunity” has been upheld until his case. He also claimed that every appellate judge who denied his appeal requests was a Democrat.
Views
Legal analyst Steve Vladeck posted on X, formerly Twitter, about Tuesday’s request by Navarro’s lawyers.
“The Court’s rules technically permit renewing an application with a second justice. In reality, though, the Court automatically refers such filings to the full Court, and then denies them. This has a precisely 0.0% chance of succeeding,” he wrote.
In a statement emailed to Newsweek in March, before the ruling, Navarro reiterated his argument of executive privilege. He said: “United States v. Peter Navarro is a landmark constitutional case that will eventually determine whether the constitutional separation of powers is preserved, whether executive privilege will continue to exist as a bulwark against partisan attacks by the legislative branch, and whether executive privilege will remain, as President George Washington pioneered, a critical instrument of effective presidential decision-making. That’s worth fighting for on behalf of all Americans.”
What’s Next?
Former Trump advisor Steve Bannon has been convicted of the same charges for defying a select committee subpoena but has so far avoided beginning his four-month prison sentence as he appeals the ruling.
Update: 4/3/24, 10 a.m.: This story was updated to include a “no comment” response from Peter Navarro’s lawyers.
Update: 4/2/24, 4 p.m.: This story was updated with additional information.
Update: 4/2/24, 3:35 p.m.: This story was updated with additional information.
Uncommon Knowledge
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