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Legal


NAVARRO’S BID TO STAVE OFF JAIL SENTENCE DENIED AT SUPREME COURT

His sentence is set to begin Tuesday.

Navarro repeats executive privilege claim before reporting to jail

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By Kyle Cheney and Josh Gerstein

03/18/2024 05:30 PM EDT

Updated: 03/18/2024 06:18 PM EDT

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Peter Navarro, a former trade adviser in Donald Trump’s White House, appears to
be heading to jail.

Chief Justice John Roberts on Monday turned down Navarro’s emergency motion to
stave off his imminent jail sentence — set to begin Tuesday at 2 p.m. in a Miami
federal prison — for his defiance of a subpoena from the House Jan. 6 committee
two years ago.



Navarro, 74, was convicted of two counts of contempt of Congress last fall for
refusing to provide testimony or documents to the congressional investigators
probing Trump’s bid to subvert the 2020 election. He’s the first member of
Trump’s White House to face imminent jail time over events stemming from the
2020 vote.



Navarro’s emergency application to head off his four-month jail term was
directed to Chief Justice John Roberts, who serves as circuit justice for the
D.C. Circuit and oversees the Washington, D.C. court where the former Trump
trade adviser was charged and tried.

Departing from the practice in most serious or high-profile legal fights,
Roberts ruled on Navarro’s request himself, without referring it to the full
court. The chief justice noted that a D.C. Circuit Court of Appeals panel found
that Navarro failed to raise several challenges to the fairness of his
conviction when he first sought to remain free pending appeal.

“I see no basis to disagree with the determination that Navarro forfeited those
arguments in the release proceeding, which is distinct from his pending appeal
on the merits,” Roberts wrote in his one-page order, emphasizing that the door
remains open to the ex-Trump aide to challenge his convictions themselves.

Peter Navarro arrives for sentencing after contempt of Congress conviction

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An attorney for Navarro declined to comment on the chief justice’s ruling.

The House select committee subpoenaed Navarro in early 2022, and he quickly
turned down its demand, claiming that Trump’s “executive privilege” barred him
from cooperating. The committee emphasized that it had asked him about many
subjects not related directly to his conversations with Trump and that could not
conceivably be subject to executive privilege. But Navarro still refused to
appear or turn over records.

The House held Navarro in contempt in April 2022 and the Justice Department
followed suit with a two-count, misdemeanor indictment weeks later.

Though he’s still set to be the first to go to prison, Navarro is actually the
second Trump adviser convicted of contempt of Congress for defying the Jan. 6
committee. Steve Bannon was convicted of two contempt charges in July 2022, but
the judge in his case, Carl Nichols, agreed to let him remain free while he
appeals his convictions.

But Navarro’s judge, Amit Mehta, rejected Navarro’s effort to remain out of
prison, noting that Navarro had presented no evidence that Trump actually
invoked executive privilege — and that even if Trump had, it wouldn’t have
overcome Congress’ need for Navarro’s information. As Roberts pointed out, last
week, a three-judge panel of the D.C. Circuit Court of Appeals upheld Mehta’s
decision and offered a long list of its own reasons.

Navarro and Bannon worked on a 2020 strategy they dubbed the “Green Bay sweep,”
a plan to orchestrate congressional challenges to Joe Biden’s presidential
electors on Jan. 6, 2021, the day the House and Senate met to certify the 2020
election results.

Navarro also authored a three-part report making largely discredited claims of
election fraud, one installment of which Trump cited in a now-infamous tweet
urging supporters to descend on Washington for a “wild” protest on Jan. 6.


 * Filed under:
 * U.S. Supreme Court,
 * Donald Trump,
 * Donald Trump 2024,
 * John Roberts,
 * Peter Navarro,
 * Jan. 6 Capitol riot


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 * DEVELOP AND IMPROVE SERVICES 522 PARTNERS CAN USE THIS PURPOSE
   
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   Information about your activity on this service, such as your interaction
   with ads or content, can be very helpful to improve products and services and
   to build new products and services based on user interactions, the type of
   audience, etc. This specific purpose does not include the development or
   improvement of user profiles and identifiers.
   
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 * USE LIMITED DATA TO SELECT CONTENT 116 PARTNERS CAN USE THIS PURPOSE
   
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   Content presented to you on this service can be based on limited data, such
   as the website or app you are using, your non-precise location, your device
   type, or which content you are (or have been) interacting with (for example,
   to limit the number of times a video or an article is presented to you).
   
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List of IAB Vendors‎

USE PRECISE GEOLOCATION DATA 258 PARTNERS CAN USE THIS PURPOSE

Use precise geolocation data


With your acceptance, your precise location (within a radius of less than 500
metres) may be used in support of the purposes explained in this notice.

List of IAB Vendors‎

ACTIVELY SCAN DEVICE CHARACTERISTICS FOR IDENTIFICATION 119 PARTNERS CAN USE
THIS PURPOSE

Actively scan device characteristics for identification


With your acceptance, certain characteristics specific to your device might be
requested and used to distinguish it from other devices (such as the installed
fonts or plugins, the resolution of your screen) in support of the purposes
explained in this notice.

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ENSURE SECURITY, PREVENT AND DETECT FRAUD, AND FIX ERRORS 494 PARTNERS CAN USE
THIS PURPOSE

Always Active

Your data can be used to monitor for and prevent unusual and possibly fraudulent
activity (for example, regarding advertising, ad clicks by bots), and ensure
systems and processes work properly and securely. It can also be used to correct
any problems you, the publisher or the advertiser may encounter in the delivery
of content and ads and in your interaction with them.

List of IAB Vendors‎ | View Illustrations 

DELIVER AND PRESENT ADVERTISING AND CONTENT 484 PARTNERS CAN USE THIS PURPOSE

Always Active

Certain information (like an IP address or device capabilities) is used to
ensure the technical compatibility of the content or advertising, and to
facilitate the transmission of the content or ad to your device.

List of IAB Vendors‎ | View Illustrations 

MATCH AND COMBINE DATA FROM OTHER DATA SOURCES 345 PARTNERS CAN USE THIS PURPOSE

Always Active

Information about your activity on this service may be matched and combined with
other information relating to you and originating from various sources (for
instance your activity on a separate online service, your use of a loyalty card
in-store, or your answers to a survey), in support of the purposes explained in
this notice.

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LINK DIFFERENT DEVICES 320 PARTNERS CAN USE THIS PURPOSE

Always Active

In support of the purposes explained in this notice, your device might be
considered as likely linked to other devices that belong to you or your
household (for instance because you are logged in to the same service on both
your phone and your computer, or because you may use the same Internet
connection on both devices).

List of IAB Vendors‎

IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 468 PARTNERS CAN
USE THIS PURPOSE

Always Active

Your device might be distinguished from other devices based on information it
automatically sends when accessing the Internet (for instance, the IP address of
your Internet connection or the type of browser you are using) in support of the
purposes exposed in this notice.

List of IAB Vendors‎
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