Peter Navarro takes bid to avoid prison over contempt of Congress charge to Supreme Court

"The appeal is not for the purpose of delay and raises a substantial question of law"

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On Friday, former White House aide to Donald Trump, Peter Navarro, filed an emergency request with the Supreme Court to allow him to remain free while he appeals his contempt of Congress conviction.  

In the filings, Navarro argued that the hold on his sentence is warranted because he does not pose a flight risk, or pose a danger to society, and "that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in... reversal, an order for a new trial." 

"For the first time in our nation’s history, a senior presidential advisor has been convicted of contempt of Congress after asserting executive privilege over a congressional subpoena," the document said. "Dr. 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. " 

The appeal comes after the United States Court of Appeals in the District of Columbia denied Navarro's request for release while pending an appeal the day prior. The three-judge panel ruled, "(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 that is less than the amount of time already served plus the expected duration of the appeal process." 

Earlier this month, Navarro was ordered to report to the Bureau of Prisons, FCI Miami, on or before 2:00 PM on March 19, 2024, to serve his sentence for not complying with a subpoena issued by the January 6 House Select Committee. 

In January, the former aide was sentenced to four months in prison for not complying with the subpoena due to executive privilege. "When I received that congressional subpoena…I had an honest belief that the privilege had been invoked," he told US District Judge Amit Mehta at the time. 

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