WASHINGTON — A federal appeals court on Tuesday confirmed the contempt of Congress convictions against White House adviser Peter Navarro, who refused to comply with a subpoena from the House panel that looked into the January 6, 2021 assault on the U.S. Capitol by a crowd of President Donald Trump’s supporters.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled unanimously that Navarro failed to demonstrate Trump had protected him from the subpoena by claiming executive privilege.
D.C. Circuit Judge Patricia Millett wrote in the ruling: “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.”
Navarro has already completed a four-month prison term stemming from the conviction. He served as a trade adviser in the White House during Trump’s first term and currently holds a similar position in the Republican’s second term.
In a 2021 book, Navarro took personal credit for devising a strategy to postpone Congress’s certification of Democrat Joe Biden’s 2020 presidential election victory over Trump. The Capitol mob’s attack ultimately disrupted the joint congressional session where Electoral College results were being certified.
The House committee investigating the January 6 attack had issued Navarro a subpoena requiring him to hand over documents and sit for a deposition in March 2022. He refused to meet either demand.
Navarro has consistently argued that he was unable to cooperate with the committee because Trump had asserted executive privilege. However, courts — including this appeals panel — determined he could not prove that Trump had actually done so.
Attorney Abhishek Kambli, who represents Navarro, signaled that the legal fight is not over, calling the panel’s decision “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 Washington jury found Navarro guilty on two counts of contempt of Congress. He reported to a federal prison in Miami in early 2024.
Shortly after being released from prison, Navarro took the stage at the Republican National Convention and told the crowd, “I went to prison so you won’t have to.” He continued pursuing his appeal even after completing his sentence.
The appeals panel also included Judges Cornelia Pillard and J. Michelle Childs. Judges Millett and Pillard were nominated to the court by President Barack Obama, a Democrat, while Judge Childs was nominated by Biden. Navarro’s original sentence was handed down by District Judge Amit Mehta, also an Obama nominee.
