Former Trump Adviser Peter Navarro Appeals to Supreme Court to Delay Prison Sentence

Former Trump adviser Peter Navarro has filed an emergency request to the Supreme Court to avoid reporting to a federal prison next week to begin serving a four-month sentence for his contempt of Congress conviction. The request was filed on Friday afternoon, seeking to remain free while challenging the conviction before the federal appeals court in Washington, DC. Navarro has been ordered to report to a federal prison in Miami by March 19.

Navarro's Argument

Navarro's attorneys argued that pausing a lower court’s ruling rejecting his bid to stay free is warranted, asserting that he is not a flight risk and is raising substantial legal questions, not simply seeking to delay. They emphasized that Navarro is neither a flight risk nor a danger to public safety, should he be released pending appeal. Instead, they argued, Navarro has appealed and "will raise a number of issues on appeal that he contends are likely to result in the reversal of his conviction, or a new trial."

Lower Court Rejections

Two lower courts have rejected similar appeals. The DC Circuit Court of Appeals unanimously rejected Navarro’s bid, stating that he hadn’t sufficiently demonstrated why he should remain free while his appeal of the conviction plays out. The judges declared that Navarro “has not shown that his appeal presents substantial questions of law or fact likely to result in reversal, a new trial, a sentence that does not include a term of imprisonment, or a reduced sentence of imprisonment.”

Legal Arguments

Navarro has been arguing that the decision by US District Judge Amit P. Mehta to not let him raise an executive privilege defense at trial was wrong. He contends that the possibility the appeals court might reverse that decision should keep him out of prison as the court weighs his case.

Comparison to Steve Bannon's Case

The decision regarding Navarro's conviction stands in stark contrast to how the conviction of Steve Bannon was handled. Bannon, who was also sentenced to four months for failing to comply with a congressional subpoena in the investigation, was allowed to stay out of prison while his conviction goes through the DC Circuit Court of Appeals.

Navarro's Conviction

Navarro was sentenced earlier this year to four months in prison after being convicted in September of two contempt of Congress counts for not complying with a subpoena from the House select committee that investigated the January 6, 2021, attack on the US Capitol.