Following the rejection of Peter Navarro’s request for release pending appeal of his criminal contempt conviction, the former Trump White House aide criticized the report from special counsel Robert Hur stating that Biden would not be prosecuted for the classified documents discovered in his garage.
"This on the same day I am ordered to prison," Navarro wrote on Gettr. "Biden could portray himself as an 'elderly man with a poor memory' who would be sympathetic to a jury."
"So no prosecution. Wow."
United States District Court Judge Amit Mehta ruled on Thursday must still report to prison. In January, Navarro was sentenced to four months in prison for contempt of Congress after not submitting to a subpoena from the January 6 Committee.
"Defendant insists that his prosecution was 'motivated by political bias'," Mehta wrote, "yet, he offers no actual proof to support that contention ... If anything, the record demonstrates just the opposite."
The report released on Thursday by Hur stated that "Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen."
Biden’s memory, Hur’s report claimed, “was significantly limited” during his 2023 interviews with the special counsel.
"We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory," the report from Hur stated. "Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness."
A GiveSendGo fundraiser has been set up for Navarro’s legal expenses. As of Friday afternoon, the page has raised over $1 million.
In an update after Thursday’s ruling, Navarro wrote, "It's not a cancer diagnosis, but it is certainly bad news."
"The judge in my case has denied the request of my attorneys to keep me out of prison pending appeal of my conviction for contempt of Congress. If that judge's ruling holds, I could be in a prison cell within a matter of weeks."
"According to my attorneys, this was a quite unexpected ruling by the court given the facts in the case. This is a textbook case of "first impressions" for which there are many open and substantial questions and little good or settled law. In such first impressions cases, it is the norm to allow a defendant to remain free while a higher court, often the Supreme Court, weighs the substantial questions associated with such novel cases and issues."
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