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Peter Navarro.
Washington
CNN
—
Former President Trump adviser Peter Navarro is asking the Supreme Court to avoid going to federal prison next week to serve a four-month sentence after being found in contempt of Congress.
In an emergency request filed Friday afternoon, Navarro asked the court to keep him free while he challenges his conviction in the federal appeals court in Washington, D.C. Navarro has been ordered to report to a federal prison in Miami by March 19.
Navarro's lawyers argue that lower courts deny requests for release if the applicant is not a flight risk and raises substantive legal issues rather than simply seeking a deferment. He argued that suspending the sentence was justified.
“There is no question that Mr. Navarro poses no flight risk or danger to public safety if he is released pending appeal,” the attorneys said.
Rather, Navarro is appealing and “will raise a number of issues on appeal that will likely result in an overturning of the conviction or a new trial.”
Two lower courts have so far rejected similar appeals. On Thursday, the D.C. Circuit Court of Appeals unanimously rejected Navarro's bid, saying there was not enough proof why he should remain free while his appeal of his conviction progresses.
In an unsigned order, the judges wrote that Navarro had “substantial questions of law or fact that could cause his appeal to result in a reversal, a new trial, a non-prison sentence, or a reduction in his sentence.” “There is no indication that it presents a serious problem.” Imprisonment. ”
The Supreme Court asked prosecutors to respond by Monday afternoon.
Mr. Navarro said U.S. District Judge Amit P. Mehta's decision not to raise the presidential privilege defense at trial was a mistake, and an appeals court could overturn that decision as the court reviews the decision. , have argued that Mr. Navarro should not be sent to prison. case.
Mehta's decision stands in stark contrast to the handling of Steve Bannon's conviction. Mr. Bannon was also sentenced to four months in prison for failing to comply with a congressional subpoena in the investigation, but the presiding judge is a Mr. Trump ally pending conviction in the D.C. Circuit Court of Appeals. Bannon confirmed he will not go to prison.
Navarro was convicted in September of two counts of contempt of Congress for failing to comply with a subpoena from the House Select Committee investigating the Jan. 6, 2021, attack on the U.S. Capitol, and earlier this year. He was sentenced to four months in prison.
This story has been updated with additional information.
