Peter Navarro asks Supreme Court to let him avoid reporting to prison next week

[BumRushDaShow]

Source: CNN Politics

Published 5:19 PM EDT, Fri March 15, 2024


Washington CNN — Former Trump adviser Peter Navarro is asking the Supreme Court to let him avoid reporting to a federal prison next week to begin serving a four-month sentence for his contempt of Congress conviction.

In an emergency request filed Friday afternoon, Navarro asked the court to let him remain free while he challenges the conviction before the federal appeals court in Washington, DC. Navarro has been ordered to report to a federal prison in Miami by March 19.

Navarro’s attorneys argued that pausing a lower court’s ruling rejecting his bid to stay free is warranted when the person making the request is not a flight risk and is raising substantial legal questions, not simply seeking to delay. “Navarro is indisputably neither a flight risk nor a danger to public safety should he be release pending appeal,” the attorneys said.

Instead, they argued, Navarro has appealed and “will raise a number of issues on appeal that he contends are likely to result in the reversal of his conviction, or a new trial.” Two lower courts have so far turned down similar appeals. On Thursday, the DC Circuit Court of Appeals unanimously rejected Navarro’s bid, saying he hadn’t sufficiently demonstrated why he should remain free while his appeal of the conviction plays out.

Read more: https://www.cnn.com/2024/03/15/politics/peter-navarro-asks-supreme-court-to-let-him-avoid-reporting-to-prison-next-week/index.html

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Link to court filing (PDF reader) - https://www.documentcloud.org/documents/24483614-navarro-appeal

Link to court filing (PDF) - https://s3.documentcloud.org/documents/24483614/navarro-appeal.pdf

[AllaN01Bear]

1. hem.

[Faux pas]

2. ...

[JoseBalow]

3. It's a few weeks kicking your feet up at Club Fed, you whiny snowflake

You'd think he was actually being punished

[sop]

46. Career criminals like Navarro can do four months standing on their heads.

It's Miami, Peter, just enjoy the weather and get a nice tan. While you're in stir, write a Trump tell-all book; your publisher's release date can be around the same time you're released from prison, a couple of months before the election.

[Trueblue Texan]

47. Poor boy is really taking it hard!

Accountability sucks when it's you, doesn't it fan boy?

[Diamond_Dog]

4. Navarro, STFU and serve your time you cry baby asshole

[bluestarone]

5. No way. Do your time scumbag!

[Pototan]

6. Go to fucking jail

Asshole

[Deuxcents]

7. What is it with these people? Running to the SC like it's their personal court

The SC should not consider this and let him serve his time.

[lastlib]

10. Well, they paid good money for it---just ask Clarence......

Why shouldn't they run to it? What good is payin' for it if ya can't get yer own personal "justice" there??



(oh, yeah, )

[markodochartaigh]

29. Clearance Thomas,

Your one stop shop for all the justice that you can afford. No job too large! Have gavel, will travel!

[lastlib]

30. .

- - -

So. TRUE. Sad to say.

[sheshe2]

37. Actually it is.

They invested a lot of money to make it so.

[Lonestarblue]

49. Well, it has become Trump's personal appeals court.

And since Navarro is a Trump toady, they may take his appeal, too.

[jrthin]

52. Last time I checked, it seems the SC is their personal court.

[Attilatheblond]

54. Growing up white, male, and privlidged is part of their over developed sense of entitlement

Probably doesn't help when the institutions they frequent in their formative years are all staffed by people who reinforced their belief they are magic creatures who are above mundane codes of behavior.

Not all white males of privilege are total jerks, but the ones who also have one or two personality disorders seem to think they live in cloud city, above laws and reality. Allowing them to get away with, or even encouraging, bad behavior as youngsters probably contributes to a lot of those personality disorders.

It probably doesn't help that people like Jim Jordan also defied a subpoena and has not only managed to get away with it, but was rewarded with a chairman's gavel for a very important and powerful House Committee.

I am still pissed at the judges who let rich boys (or good athletes) get off easy after being convicted of rape. You know, those judges who lament that such fine young men should not have their futures destroyed by a real stint in prison after being found guilty of really bad stuff by a jury.

[liberal N proud]

76. I think they expect SCOTUS to pay them back for the nomination

[lastlib]

8. Pound sand, Petey. You got nuthin'.

And be, um, *nice* to Tyrone.......

[Think. Again.]

9. So is that the deal now? Anytime a famous magat....

...doesn't get what they want, they can go crying to the supreme court to fix it?

Aren't there any REAL Constitutional questions the supreme court should working on?

[Deuxcents]

11. Yeah. Restoring Roe and voting rights.

[bluestarone]

12. Well now, wonder how long it takes this SC

To hear this. How long did it take them to rule on TFG's immunity? Then set hearing date 2 MONTHS later. Bet he hears in a week.

[machoneman]

28. A week? No way.It'll be on Monday. Dontchaknow, Navarro is in that class of R traitors that instantly get a SC hearing.

Hey. gotta protect those MAGATS,

[Bengus81]

42. Good point, let's see how quickly they can act IF they want too.

Watching............

[onenote]

67. They have to act quickly or it becomes moot. Absent a stay, Navarro has to report to jail on Tuesday.

The Court gave the government until Monday at 2 pm to file its opposition to Navarro's application. I expect that before Monday is out the Court will grant an "administrative" stay delaying the date on which he is required to report to jail in order to allow the Court to consider his application and the government's opposition and possibly to give Navarro an opportunity to reply to the government's opposition.

Procedurally, the immunity case and this one are in different postures. The relief requested by Navarro becomes meaningless if it his application isn't acted on, one way or another, before Tuesday. And unlike the immunity case, where the court of appeals already had ruled on the underlying appeal, the court of appeals has not done so here. As a result, the Court isn't likely to treat the application for stay as a petition for certiorari to jump over the court of appeals and hear Navarro's challenge to his conviction. There won't be a "hearing date" set on Navarro's application -- it will be granted or denied based on the application, opposition and, possibly, reply.

[bluestarone]

69. So, on TFG's appeal of immunity appeal

Couldn't the circuit court have done the same? TIME LIMIT?

[onenote]

71. The Court of appeals did impose a time limit on the immunity appeal.

The DC Circuit denied Trump's appeal of the district court's decision on immunity on February 6, but effectively stayed that decision pending the resolution of an application for stay filed with the Supreme Court, provided such application was filed by February 12. Trump met that deadline, which then removed the time pressure. In contrast, the DC Circuit hasn't yet considered Navarro's appeal of his conviction. What it considered was Navarro's request for the district court's refusal to stay the date on which he had to begin serving his sentence and it turned him down. If they had done what you suggest -- given Navarro a temporary stay provided he went to the Supreme Court by a set date and then, if he did so, a stay until the Court decided whether to extend the stay, he'd be in a much better situation then he is now.

[bluestarone]

72. TY glad to have you aboard here.

So frustrating trying to figure everything out. I'm just gonna set my mind to the fact that TFG's problems will only start AFTER losing in NOV. That's when his problems will begin in earnest. One thing though, APPEALS are for the rich. That's one of the biggest things i've learned.

[onenote]

74. All of these cases are procedurally complex and its hard to keep track.

For example, there is a perception that Navarro has gone to many courts during the course of his prosecution for contempt of Congress. In fact, however, the case has consisted of a lengthy district court case, handled by one judge, but with a number of pre and post trial motions that effectively dragged it out, but that were not themselves appealed when they were decided. Now that the district court has finished its work, the case moves to the DC Circuit, which has only made one ruling -- it refused to overturn the District Court's refusal to stay the start of Navarro's prison term while his appeal was pending. That certainly signals that his chances of success on his appeal aren't very good, so his best bet is to see if the Supreme Court will keep him out of prison during his appeal. If the Supreme Court doesn't bail him out now, he goes to jail no matter what happens in his appeal and makes his further appeal to the Supreme Court after the Court of Appeals, inevitably in my opinion, affirms his conviction, somewhat meaningless since he will already have served his sentence. He may be counting on Trump getting elected and giving him a pardon if he can get the Supreme Court to stay his sentence or, even if he ends up serving his sentence, he would look to Trump for a pardon to clear his record.

[Zorro]

13. Navarro calls his Supreme Court plan "The Green Bay Weep"

[Marcuse]

14. !

[moniss]

15. The court of appeals told him

basically "Look you didn't even state a basic justification for overturning anything and you basically are saying you should get to stay out just because you are Peter Navarro. So no you don't."

Now we'll see if the SC says "Oh it's different because it's Peter Navarro."

[Ford_Prefect]

16. Don't even bother with the popcorn, this show is over.

[Drum]

17. Now you've got a RECORD, bro

[Mr.Bill]

18. Anyone who aligned themselves with Trump

is a danger to society.

[UpInArms]

19. If you can't do the time,

Don’t do the crime.

I hear orange is the new black, asshole. Wear it.

[GB_RN]

20. I Can See Why He's Doing This...

And whining/crying to the SCOTUS. I mean, after all, he’s going directly to jail, “do not pass go, do not collect $200,” while Steve “Batshit Bannon” is still running around free.

[BumRushDaShow]

21. Yup.

[Marthe48]

22. I bet the (formerly) s.c. was meant to be available to everyone

and decide for the common good. Now, it's "pays your money, takes your choice."

navarro is one of the more egregious tools in the junk drawer.

[erronis]

25. Maybe if Navarro had listened to Clarence and paid for a nice vacation in St. Thomas

Of course, Clarence and Jindee wanted the poshest suites and all-paid meals. Poor Peter couldn't scrape together the cash to support the Thomas's demands so he'll probably have rent-free accommodations for a few months. Free haircuts, delousing, orifice checks, etc.

[NJCher]

40. Egregious tool?

Or egregious fool?

Both work.

[Marthe48]

45. lol

I meant tool But both work! lol

[rubbersole]

23. Lock him up!

Has a nice familiar ring to it, actually.

[Bev54]

24. FFS, I am sick of these arrogant assholes that just won't go away!

Do your time and get out of our faces, don't want ever to hear his name again until and unless it is his obituary.

[kacekwl]

26. Since when

does the Supreme Court waste time with crap like this ?

[machoneman]

27. Geez, just how many courts has this a-hole gone through already? I agree to everyone's right to an appeal but....

Jesus fuckin' Christ, he's at what, four already? And we as taxpayers pickup the tab in court costs to save his sorry ass? Nawh, one should be limited to1 or 2 appeals and that's it, game over!

[onenote]

33. He hasn't had an appeal of his conviction heard by the Court of Appeals yet.

It may seem like he's constantly running to the court of appeals but in his criminal case, he has filed one appeal which hasn't been heard yet. His request to the Court of Appeals was to have his sentence stayed while that appeal was heard. And his request to the Supreme Court is a challenge to the Court of Appeals refusing to stay his sentence pending his appeal.

[Prairie Gates]

31. He has to do approximately 120 days in the softest federal detention center imaginable

The fact that this absolute baby refuses to just do his time and get it over with is incredible.

Remember that this tough guy used to wave his finger at the camera and bark at the press.

SOFT.

[Sibelius Fan]

32. How in hell does he get to appeal to the SCOTUS?

[onenote]

34. The same way anyone who gets an adverse ruling from the Court of Appeals can file for S.Ct relief

Doesn't mean he'll get it.

[bluestarone]

53. Well, might mention here that is it anybody? or is it

Anybody that has money to pay for the appeal? Appeals are only possible IF you have the money to do so.

[area51]

35. Cry harder, Navarro.

[dalton99a]

36. NEXT: Peter Navarro asks Supreme Court to let him order gourmet meals

"prison fare doesn't comport with my palate"

[NBachers]

38. Blowit outcher ass, Navarro.

You’ll be out before you even know it.

He’s walking in with short time.

[NanaCat]

39. Interesting how the GQP are always so tough on crime

Unless they're the criminal.

[catbyte]

41. Man up, Navarro. Martha Stewart took her sentence like a champ and you got less than she did..

What a colossal whiner. One good thing is he has to be draining his bank account with all these legal fees.

[padah513]

43. He's scared to death. Can't blame him though, but a lot of these tough-talkers are not so tough in real life. Lol

Martha Stewart did her time without complaint and so did Allen Weisselberg. He's so tough he's going back at the age of 76 for more.

[Historic NY]

44. can't do the time don't do the crime

[sinkingfeeling]

48. He's just following TSF's play book.

[Botany]

50. Why should the Supreme Court even hear a case like this?* There is no Constitutional question here.

Except for Trump, Navarro, Clark, Chuck Grassley, Rudy, and so trying to overturn
our Constitutional Democracy with criminal acts, misinformation, and violence.

* well maybe not this Supreme Court because they are not bound by the rule of law…..
so what if this case is too small and does not raise any Constitutional questions and
the fact is that Navarro’s Constitutional rights have been overly protected if anything.
Along with Trump and the rest of “the Coup Birds” who should be in prison by now for
their actions.

And hey if he has a stroke or a heart attack in prison and dies so what? He is a traitor
to our Nation.

[onenote]

56. Actually, it does raise a constitutional question

I don't think his argument has merit, but his application for stay pending appeal argues that the case involves the scope of executive privilege and its application to senior aides after their tenure in the White House has concluded.

https://www.supremecourt.gov/DocketPDF/23/23A843/303233/20240315163424380_DRAFT%20-%20Application%20to%20SCOTUS%20for%20Release%20Pending%20Appeal%20v.4.pdf

In addition, the Supreme Court isn't limited to hearing cases based on constitutional issues. It also hears cases involving the interpretation of federal statutory law and Navarro also raises questions of statutory interpretation and alleges a split in appellate court decisions regarding stays pending appeal. Again, I think the court should reject the stay application, but not because it doesn't raise issues within the ambit of the Court's jurisdiction.

[Botany]

58. Didn't lower Courts already rule that Navarro's request to be given relief under executive immunity as bogus?

This case should be no where near to being heard in the Supreme Court but with the current court
and its obvious political agenda to service the right wing and the super rich who can say?

[onenote]

60. The district court ruled against Navarro on executive privilege. He's appealing that to the DC Circuit.

He also asked the District Court to stay his sentence pending a decision on his appeal, as was done with Bannon. The District Court refused and Navarro then asked the Court of Appeals to reverse the District Court on the stay issue. Th DC Circuit rejected that request and now Navarro is seeking to have the Supreme Court step in and give him that stay while the DC Circuit considers his appeal. He points to the district court's decision to stay Bannon's sentence pending resolution of his appeal and argues that the DC Circuit mis-applied its own precedent, and Supreme Court precedent, in refusing to give him a similar stay.

[Prairie Gates]

70. Imagine if the DU Lawyer Crew advocated this hard for poor brown and black kids

given exorbitant sentences for property crimes.

Or, really, for anyone who wasn't an obnoxious GOP bigwig.

You'll know them fropm the priorities of what they address withn their expertise.

[onenote]

81. I consider myself one of the DU Lawyer Crew.

And during my forty plus career, I've done a lot of advocating, on a pro bono basis, for poor brown and black kids, and adults. What have you done?

[BeyondGeography]

51. And please take a look at these parking tickets while you're at it

Clarence? Sam?

[prodigitalson]

55. he really doesn't want to go

[SouthernDem4ever]

57. I love how these repukes think the SCOTUS is their personal get out of jail free card

Of course they learned it from Donald Dump.

[IronLionZion]

59. Privileged and entitled

real law and order types, these Republicans.

[barbtries]

61. "I'm republican.

"Everyone knows it's okay if you're a republican."

if they grant this...i'll just be that much more disgusted.

[BlueKota]

63. It won't surprise me, if they do.

[barbtries]

65. sadly, me either.

they are that bad.

[onenote]

66. Given that the district court gave Bannon a stay pending appeal, I won't be surprised

if the Supreme Court directs the appeals court to do the same with Navarro.

[samsingh]

62. but of course, republicans never want to follow the law

[BlueKota]

64. They just expext everyone but them to,

and I include the 6 on the court who believe Republicans including themselves don't have to follow the law.

[ificandream]

68. Not sure why he is so sure SCOTUS will overturn the appeal.

The Court of Appeal vote was unanimous. Was it a "woke" (ha ha) court?

[onenote]

73. The only thing the Court of Appeals has decided is that his sentence shouldn't be delayed until the Court of Appeals

rules on his appeal of his conviction. At this point, all he cares about is getting the Supreme Court to decide that he should stay out of jail until the Court of Appeals decides his appeal of the conviction.

[pfitz59]

75. Screw him!

No special favors for the little weasel.

[Marcuse]

77. Dude, You would have been out already.

[paleotn]

78. Not happening.

SCOTUS never gets involved in things like that. The looooongest of long shots.

[Turbineguy]

79. Delicate flower.

He has no problem fucking up the country.

[Evolve Dammit]

80. "Don't do the crime if you can't do the time." Baretta