Appeals court rejects Peter Navarro's request to avoid prison next week

A federal appeals court refused ex-Donald Trump adviser Peter Navarro's request to postpone going to a federal jail next week to begin serving a four-month contempt of Congress term.

The unanimous DC Circuit Court of Appeals judgment requires Navarro to report to a Miami federal prison by March 19.

The judges stated that 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.”

The federal judge who presided over his case had denied him the right to mount an executive privilege defense at trial, and Navarro argued that the appeals court might overturn that decision and keep him out of prison while it considered his case.

On Thursday, the three appellate judges rejected all of his reasons, hinting that the court may find against him when it reviews his appeal of his conviction.

Navarro cannot claim absolute testimonial immunity. A properly asserted executive privilege claim would not have relieved him of the responsibility to disclose unprivileged papers and present for his deposition to testify on unprivileged subjects, they said.

In September, Navarro was found guilty of two contempt of Congress counts for failing to cooperate with a House select committee subpoena investigating the January 6, 2021, US Capitol attack. He was sentenced to four months in prison.