Left: Justice Neil Gorsuch (Alex Wong/Getty Images); Center: Peter Navarro (U.S. Government); Chief Justice John Roberts (Alex Wong/Getty Images)
Former White House trade adviser Peter Navarro, who worked for Donald Trump, has sought help from Justice Neil Gorsuch to avoid going to federal prison following an unsuccessful late March bid for staying out of prison.
Peter Navarro is currently serving a four-month prison sentence for contempt of Congress. He was found guilty in September 2023.
In January, and was sentenced to prison and a fine for obstructing congressional investigators looking into the Jan. 6 attack on the U.S. Capitol.
A series of lower court and appellate court appeals took place in February and March. The results were clear: Navarro could appeal his conviction and sentence, but he had to start serving his sentence as instructed by the courts.
Navarro is now appealing his conviction from prison in Miami. Last monthHe tried to stay out on bail while awaiting the outcome of his appeals in a direct appeal to the chief justice, but was unsuccessful.
In a Navarro’s attorneys have requested Supreme Court Clerk Scott Harris to submit their emergency stay application with Justice Gorsuch, who is known for his interest in criminal justice reform and empathy for incarcerated individuals. Navarro's argument is based on conflicting timelines between his appeal and his ongoing prison term. Navarro asserts that his appeal will not be concluded until July 19, 2024, after he has served his full prison sentence, and asks for a reconsideration of the chief justice’s denial. More Law&Crime coverage: Trump, Mar-a-Lago judge may be watching closely as jailed ex-adviser Peter Navarro ordered to turn over documents under Presidential Records Act The renewed application, which is essentially a re-submission of the previously-denied stay appeal, is permitted under Supreme Court Rule 22
“A Justice denying an application will note the denial thereon,” the relevant part of the rule reads. “Thereafter, unless action thereon is restricted by law to the Circuit Justice or is untimely under Rule 30.2, the party making an application, except in the case of an application for an extension of time, may renew it to any other Justice, subject to the provisions of this Rule. Except when the denial is without prejudice, a renewed application is not favored.”
There is no precise deadline for Navarro's response. The high court’s rules state that the clerk will inform all relevant parties of the decision as soon as it's made.
However, it's unlikely that Navarro's decision will be in their favor, according to a top expert on the Supreme Court.
The rules of the Court technically allow a second justice to consider renewing an application, University of Texas Law Professor stated. Steve Vladeck wrote on X (formerly Twitter) Tuesday afternoon, stating, "In reality, however, the Court refers such filings to the full Court and typically denies them. The chance of success is precisely 0.0%.".
Navarro argues by pointing out a seeming inconsistency between the timelines of his planned appeal and his ongoing tour of the federal lockup facility in the Sunshine State.
There is not a precise deadline for the response due to Navarro. The high court’s rules provide that the clerk will notify all relevant parties “by appropriately speedy means” when the decision is made.
That decision, however, is not likely to be in Navarro’s favor, according to one leading Supreme Court expert.
“The Court’s rules technically permit renewing an application with a second justice,” University of Texas Law Professor Steve Vladeck wrote on X (formerly Twitter) Tuesday afternoon. “In reality, though, the Court automatically refers such filings to the full Court, and then denies them. This has a precisely 0.0% chance of succeeding.”