Appeals court upholds White House adviser Peter Navarro’s contempt of Congress convictions

WASHINGTON (AP) — A federal appeals court on Tuesday upheld White House adviser Peter Navarro’s convictions for defying a subpoena for records from the House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol by a mob of President Donald Trump’s supporters.

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 U.S. Court of Appeals for the District of Columbia Circuit.

“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,” D.C. Circuit Judge Patricia Millett wrote.

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.

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.

The House committee investigating the Jan. 6 attack issued a subpoena for him to turn over documents and appear for a March 2022 deposition. He didn’t comply with the subpoena’s demands.

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

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 (D.C. circuit) precedent.”

“He intends to move swiftly with his appeal because his case affects every senior presidential advisor, regardless of political party, who believes in good faith they cannot comply with a congressional subpoena based on executive privilege,” Kambli said in a statement.

In September 2023, a jury in Washington convicted Navarro of two counts of contempt of Congress. In early 2024, Navarro reported to a federal prison in Miami.

Only hours after his release from prison, Navarro spoke on stage at the Republican National Convention, telling the crowd that “I went to prison so you won’t have to.” He continued to pursue an appeal after serving his sentence.

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.