Federal appeals court upholds Peter Navarro’s convictions for defying Jan 6 committee subpoena

The court found that Peter Navarro failed to provide evidence showing Donald Trump had formally asserted executive privilege
A unanimous three-judge panel rejected Peter Navarro’s argument that then-President Donald Trump had invoked executive privilege to prevent him from testifying or providing documents (Getty Images)
A unanimous three-judge panel rejected Peter Navarro’s argument that then-President Donald Trump had invoked executive privilege to prevent him from testifying or providing documents (Getty Images)

WASHINGTON, DC: A federal appeals court on Tuesday, July 21, upheld former White House trade adviser Peter Navarro's convictions for defying a subpoena from the House committee that investigated the Jan 6, 2021, attack on the US Capitol.

A unanimous three-judge panel from the US Court of Appeals for the District of Columbia Circuit rejected Navarro's argument that President Trump had shielded him from the subpoena through executive privilege.

A yearslong legal fight rooted in Jan. 6

"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," DC Circuit Judge Patricia Millett wrote in the ruling.

WASHINGTON, DC - JANUARY 25: Peter Navarro, a former advisor to former U.S. President Donald Trump, departs the E. Barrett Prettyman Courthouse on January 25, 2024 in Washington, DC. Navarro was sentenced to four months in prison for criminal contempt of Congress after defying a House subpoena related to the January 6 investigation. (Photo by Anna Moneymaker/Getty Images)
Peter Navarro, a former advisor to Donald Trump, departs the E Barrett Prettyman Courthouse on January 25, 2024 in Washington, DC. Navarro was sentenced to four months in prison for criminal contempt of Congress after defying a House subpoena related to the January 6 investigation (Photo by Anna Moneymaker/Getty Images)

Navarro, who served as a White House trade adviser during Trump's first term and holds a similar role in his second, was subpoenaed by the Jan. 6 committee over his public comments, including in a 2021 book, describing a strategy to delay Congress's certification of the 2020 election results.

The committee also cited a report Navarro had posted on his website repeating election fraud claims that state and local officials had already discredited. Navarro refused to testify or turn over documents, arguing Trump had invoked executive privilege to keep the material confidential.

Navarro couldn’t prove Trump had shielded him from the subpoena’s requirements by invoking executive privilege, according to the unanimous ruling by a three-judge panel from the US Court of Appeals for the District of Columbia Circuit.

Navarro already has served a four-month prison sentence for his contempt of Congress conviction. He was a White House trade adviser during Trump’s first term in office and is serving in a similar role during the Republican’s second term.

WASHINGTON, DC - JANUARY 6: Trump supporters clash with police and security forces as people try to
Trump supporters clash with police and security forces as people try to storm the US Capitol on January 6, 2021 in Washington, DC. Demonstrators breeched security and entered the Capitol as Congress debated the 2020 presidential election Electoral Vote Certification (Photo by Brent Stirton/Getty Images)

Appeal rejected, next stop likely the Supreme Court

In a book published in 2021, Navarro took credit for a plan to delay the congressional certification of Democrat Joe Biden’s victory over Trump in the 2020 presidential election. Ultimately, the mob’s attack on the Capitol interrupted the joint session of Congress for certifying the Electoral College results.

Navarro has maintained that he couldn’t cooperate with the committee because Trump had invoked executive privilege. But the courts, including the DC Circuit panel, concluded that Navarro couldn’t prove Trump had actually invoked it.

WASHINGTON, DC - MARCH 22: Peter Navarro, Director of the National Trade Council, speaks at the dail
Peter Navarro speaks at the daily coronavirus briefing as President Donald Trump, Dr Robert Redfield, Director of the Center for Disease Control and Prevention and Vice President Mike Pence listen in the James Brady Press Briefing Room at the White House on March 22, 2020 in Washington, DC (Getty Images)

Abhishek Kambli, an attorney for Navarro, suggested that they aren’t giving up on their appeal. Kambli described the panel’s decision as “one step in a battle to correct decades of incorrect (DC Circuit) precedent.”

Navarro’s appeal also was heard by Judges Cornelia Pillard and J Michelle Childs. Millett and Pillard were nominated to the court by President Barack Obama, a Democrat. Childs was nominated by Biden. Navarro was sentenced by District Judge Amit Mehta, an Obama nominee.

Navarro is one of two close Trump allies to face criminal consequences tied to the Jan. 6 investigation; former Trump adviser Steve Bannon was also convicted of contempt before the Justice Department, under the current administration, moved to drop his case. Navarro is expected to appeal Tuesday's ruling to the Supreme Court.

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