Appeals Court Upholds Navarro’s Contempt Conviction on July 21

A federal appeals court on Tuesday unanimously upheld Peter Navarro’s contempt of Congress conviction, rejecting his claim that Trump had invoked executive privilege to shield him from testifying. The three-judge panel of the U.S. Court of Appeals for the District of Columbia found that Navarro asserted the privilege unilaterally without consulting Trump or receiving any direction from him. Navarro has already served a four-month prison sentence for the conviction.

Why the court rejected Navarro’s executive privilege defense

Navarro claimed Trump had invoked executive privilege within three minutes of learning about the subpoena, before he had even seen its contents. The court found no evidence Trump ever made that decision. According to the opinion authored by Judge Patricia Millett, Navarro never consulted with Trump or anyone close to him during those three minutes. Both a Trump attorney and an adviser who testified to a grand jury said Trump never formally decided Navarro should be shielded.

The original charges and Navarro’s defiance

The House Select Committee investigating January 6 subpoenaed Navarro in early 2022 after he published a 2021 book claiming credit for a plan to delay congressional certification of Joe Biden’s election victory. The committee demanded his testimony and documents. Navarro refused to comply, citing executive privilege. A jury convicted him on two counts of contempt of Congress in 2023.

What happens next for Navarro

Navarro’s attorney, Abhishek Kambli, signaled the fight is not over, describing the panel’s decision as “one step in a battle to correct decades of incorrect D.C. circuit precedent.” Kambli said Navarro intends to move swiftly with his appeal. Navarro currently serves as a senior counselor to President Trump during his second term. He has already served his four-month prison sentence and did not seek or accept a presidential pardon.

The legal principle at stake

The court established that only a president or his designee can invoke executive privilege. A defendant cannot simply claim it without proof. Judge Millett wrote that a court cannot “take a defendant at his word that the President invoked privilege because doing so would impermissibly tangle separation-of-powers lines.” This ruling reinforces that executive privilege requires active presidential action, not unilateral assertion by an adviser.

Final Thoughts

The unanimous decision marks another legal defeat for Trump advisers challenging January 6-related convictions. Navarro remains free but faces continued legal battles as he pursues further appeals.

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