Supreme Court denies Navarro’s request for release from prison during appeal

Peter Navarro, former President Donald Trump’s top trade adviser, was denied his bid to be released from prison while he appeals a conviction for contempt of Congress. Navarro reported to federal prison in Miami in March to serve a four-month sentence for defying a congressional subpoena related to the Jan. 6, 2021, attack on the U.S. Capitol. Navarro, who is 74, has been serving his sentence in an 80-person dormitory for older inmates at the Federal Correctional Institute in Miami.

Navarro was charged and found guilty of two counts of criminal contempt of Congress after he refused to comply with a subpoena from the House select committee investigating the Capitol attack. The committee sought documents and testimony from Navarro related to his conduct after the 2020 presidential election and efforts to delay certification of state Electoral College votes. A federal district judge in Washington sentenced Navarro to four months in prison and a $9,500 fine, but Navarro appealed the decision, arguing that he believed he was bound by executive privilege when defying the subpoena.

A three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit rejected Navarro’s effort to delay his sentence, finding that he is unlikely to win a new trial or reverse his conviction. Navarro’s last filing in his appeal is due in July, after he has served his full sentence. Navarro’s lawyer argued that his prosecution violated the separation of powers doctrine and that the questions he plans to raise in his appeal have never been answered before. Navarro is the first former White House official to go to prison for contempt of Congress, but he is not the only member of the Trump administration to be convicted of the charge.

Steve Bannon, former White House chief strategist, was also found guilty of two counts of contempt of Congress and sentenced to four months in prison. However, the judge overseeing Bannon’s case put his prison term on hold while Bannon appeals. Navarro’s request for emergency relief to halt his surrender to prison was denied by the full Supreme Court, with no noted dissents. His attorneys declined to comment on the decision. Navarro’s case highlights the legal consequences faced by former Trump administration officials who have been found guilty of contempt of Congress.

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