Appeals Court Upholds Peter Navarro’s Contempt of Congress Convictions/ Newslooks/ WASHINGTON/ J. Mansour/ A federal appeals court unanimously upheld Peter Navarro’s two contempt of Congress convictions for defying a subpoena from the House Jan. 6 committee. The court found that Navarro failed to prove Trump invoked executive privilege and said such a claim would not excuse his complete refusal to comply. Navarro has already served a four-month prison sentence but continued challenging his conviction after his release.
Quick Look
- A three-judge appeals panel unanimously ruled against Navarro.
- The case involved a subpoena from the House committee investigating the Jan. 6 Capitol attack.
- The committee demanded documents and Navarro’s testimony in March 2022.
- Navarro did not comply with either demand.
- He argued that Trump invoked executive privilege.
- The court found he could not prove that privilege had been invoked.
- Judges also said privilege would not excuse categorical noncompliance.
- A Washington jury convicted Navarro on two counts in September 2023.
- He began serving a four-month sentence in Miami in early 2024.
- Navarro continued his appeal after completing the sentence.
- He served as a White House trade adviser during Trump’s first term.
- Navarro holds a similar position during Trump’s second term.
- In a 2021 book, he claimed credit for a plan to delay certification of Biden’s victory.
- Navarro spoke at the Republican National Convention shortly after leaving prison.
Deep Look
Appeals Court Upholds Navarro Convictions
WASHINGTON — A federal appeals court Tuesday upheld White House adviser Peter Navarro’s convictions for refusing to comply with a congressional subpoena related to the Jan. 6, 2021, attack on the US Capitol.
A three-judge panel of the US Court of Appeals for the District of Columbia Circuit unanimously rejected Navarro’s appeal.
The court found that Navarro failed to prove President Donald Trump had invoked executive privilege to protect him from the subpoena.
Navarro has already completed the four-month prison sentence imposed in the case.
Court Rejects Executive Privilege Defense
Navarro maintained that he could not cooperate with the House committee because Trump had invoked executive privilege.
The courts found that he failed to present sufficient proof that the former president had formally done so.
The appeals panel also concluded that an assertion of executive privilege would not have allowed Navarro to ignore every part of the subpoena.
“In short, Dr. Navarro has acknowledged that even if executive privilege had been invoked, that would not have excused his categorical failure to comply with the Select Committee’s subpoena,” Judge Patricia Millett wrote.
Jan. 6 Committee Demanded Records
The House committee investigating the Capitol attack subpoenaed Navarro in 2022.
The committee directed him to provide documents and appear for a deposition in March of that year.
Navarro did not comply with either requirement.
Congress referred the matter for prosecution, leading to criminal contempt charges.
Jury Convicted Navarro in 2023
A federal jury in Washington convicted Navarro of two counts of contempt of Congress in September 2023.
Each charge involved a separate component of the subpoena—his refusal to provide documents and his failure to appear for testimony.
US District Judge Amit Mehta sentenced him to four months in prison.
Navarro reported to a federal correctional facility in Miami in early 2024.
Navarro Completed Prison Sentence
Navarro continued challenging his conviction after serving the full sentence.
Only hours after his release, he appeared onstage at the Republican National Convention.
“I went to prison so you won’t have to,” Navarro told the crowd.
The completed sentence did not end his legal interest in overturning the convictions, which remain part of his criminal record.
Navarro’s Role in Trump Administration
Navarro served as a White House trade adviser during Trump’s first administration.
He returned to a similar role after Trump began his second term.
Navarro was also involved in efforts to challenge the result of the 2020 presidential election.
In a book published in 2021, he took credit for a plan intended to delay Congress’ certification of Democrat Joe Biden’s victory.
Capitol Attack Interrupted Certification
Congress met Jan. 6, 2021, to certify the Electoral College results from the presidential election.
A mob of Trump supporters attacked the Capitol, forcing lawmakers to evacuate and temporarily interrupting the joint session.
Congress later returned and completed the certification.
The House subsequently created a select committee to investigate the attack, the events preceding it and efforts to prevent the transfer of presidential power.
Three-Judge Panel Rejects Appeal
Navarro’s appeal was considered by Millett and Judges Cornelia Pillard and J. Michelle Childs.
Presidents from both parties appointed the judges.
President Barack Obama nominated Millett and Pillard, while Biden nominated Childs.
Obama also nominated Mehta, the district judge who sentenced Navarro.
The unanimous ruling leaves his convictions intact, although he may seek further review through other available appeals.
You must Register or Login to post a comment.