Peter Navarro is set to be released from prison Wednesday after serving a four-month sentence for refusing to comply with a congressional subpoena related to the Jan. 6, 2021, attack on the Capitol.
Soon after, the ex-Trump White House trade advisor is expected to take the stage at the Republican National Convention, according to an email from former President Trump’s campaign.
An attorney for Navarro did not respond to questions about the timing of his departure from the Miami federal prison where he served his term to Milwaukee, Wis., where the GOP's nominating event is taking place. However, the convention is scheduled to conclude Thursday evening, only one day after Navarro’s sentence ends.
Navarro was convicted last year of two counts of contempt of Congress — one for failing to produce documents related to the probe, and another for skipping his deposition before the House select committee that investigated the events surrounding the Jan. 6 attack on the Capitol.
He sought to remain out of prison while appealing the conviction, but his last-ditch bid to remain free was shot down by U.S. Chief Justice John Roberts in a rare “in-chambers” opinion on the eve of his prison term’s start date.
Roberts received Navarro’s bid to dodge prison because he handles emergency matters arising from the D.C. Circuit Court of Appeals. The chief justice said he denied Navarro’s application because the ex-Trump adviser forfeited any argument challenging the district court’s conclusion that executive privilege was not invoked by Trump. He said the decision was distinct from Navarro’s pending appeal on merits.
Whether Trump granted Navarro executive privilege will likely play a central role in his appeal. The district judge at trial barred Navarro from using executive privilege as part of his defense after finding he failed to prove Trump invoked it in the first place.
Defense attorneys said the decision “hamstrung” their defense, and Navarro said he had an “honest belief” executive privilege had been invoked.
“The purpose of this appeal is not to avoid the punishment Dr. Navarro will have endured, nor does this appeal seek reprieve for the punishment he has already endured during this period – rather, its purpose is to decide an important question of federal law,” Navarro’s attorneys wrote in his July 11 appeal brief. “Specifically, this appeal presents a series of related questions concerning the role of executive privilege in the intersection of our separate but coequal branches of government.”
While in prison, Navarro received a visit from Trump’s eldest son, Donald Trump Jr., who described his father’s former adviser as in “good spirits” and indicated it was “important to show support.”
Trump himself said in May he would “absolutely” rehire Navarro if reelected to the White House in November. Navarro has said he does not want a pardon from Trump if reelected or one from President Biden.
“It’s crying out for the Supreme Court to do this,” Navarro said of his appeal the day he began his sentence. “But the tragedy here is, because I have not been released pending appeal, I will have already done my time before that is done.
“But that’s the price of living in Joe Biden’s America right now,” he added. “God bless you all. I’ll see you on the other side.”
A second former Trump White House aide, Steve Bannon, began his prison sentence for also evading the House Jan. 6 committee on July 1.
Bannon was initially allowed by a trial judge to remain out of prison while appealing his conviction, but after a federal appeals court affirmed it, he was ordered to begin his term. The Supreme Court also rejected an emergency appeal from Bannon in the 11th hour.
Before reporting to the federal prison in Connecticut where he’s serving his time, Bannon described himself as a “political prisoner.” His release is scheduled for October 29, just days before the presidential election.
