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BumRushDaShow

(128,207 posts)
Tue Apr 2, 2024, 05:51 PM Apr 2

Peter Navarro resubmits appeal to stay out of prison to Gorsuch after already being rejected by Roberts

Source: Law & Crime

Apr 2nd, 2024, 5:02 pm


Former White House trade adviser Peter Navarro, who served under Donald Trump, has asked Supreme Court Justice Neil Gorsuch to perform an end-run around Chief Justice John Roberts over an unsuccessful late March bid to stay out of federal prison. As of Tuesday, Navarro is two weeks and a day into a four-month prison sentence for two counts of contempt of Congress. He was found guilty following a daylong trial in September 2023.

In January, U.S. District Judge Amit Mehta sentenced the 74-year-old economist to prison time and a fine of $9,500 for repeatedly stonewalling congressional investigators working for the House Select Committee to Investigate the Jan. 6 attack on the U.S. Capitol.

A series of lower court and appellate court appeals followed throughout February and March. Results were consistent and clear: Navarro could, of course, appeal his conviction and sentence — but he had to start serving that sentence when the courts instructed.

Navarro is now appealing his conviction from behind the bars of a lockup facility in Miami. Last month, he angled to remain free on bail while the appeals process fully plays out in a last ditch-direct appeal to the chief justice. But Roberts would not play ball. In a one-page letter dated Tuesday, Navarro’s attorneys ask Supreme Court Clerk Scott Harris to resubmit their emergency stay application with Gorsuch — who has a penchant for criminal justice reform and who often expresses sympathy for incarcerated people.

Read more: https://lawandcrime.com/high-profile/precisely-0-0-chance-of-succeeding-peter-navarro-resubmits-appeal-to-stay-out-of-prison-to-gorsuch-after-already-being-rejected-by-roberts/



Full headline: ‘Precisely 0.0% chance of succeeding’: Peter Navarro resubmits appeal to stay out of prison to Gorsuch after already being rejected by Roberts

Link to Navarro filing letter (PDF) - https://www.supremecourt.gov/DocketPDF/23/23A843/306519/20240402144050476_2024-04-02%20-%20Gorsuch%20Petition%20Reconsideration.pdf
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Peter Navarro resubmits appeal to stay out of prison to Gorsuch after already being rejected by Roberts (Original Post) BumRushDaShow Apr 2 OP
So, now it's possible to judge shop at the SC? bluestarone Apr 2 #1
Oh no he didn't! aurora the great Apr 2 #24
Welcome to DU, aurora the great! calimary Apr 2 #30
This is completely within the Court's rules. It also is "disfavored" onenote Apr 2 #31
Does it happen often? Orrex Apr 3 #37
No. onenote Apr 3 #44
Thank you Orrex Apr 3 #50
Was the denial without prejudice? nt. druidity33 Apr 3 #40
The denial did not specify that it was with prejudice, but it was implicit in the order onenote Apr 3 #45
Well then, could the SAME charge be filed before he gets out? ( i mean re-subpoena him for the same material) bluestarone Apr 3 #42
It better be a zero percent chance of succeeding. Good heavens. How damned ridiculous. hlthe2b Apr 2 #2
The SC should have denied it in a nano-second! Now it is over 24 hrs and NOTHING! riversedge Apr 3 #47
Magats think SC is their place to go for MOMFUDSKI Apr 2 #3
Mom said no so he's going to ask Dad? Novara Apr 2 #4
Trying to call in an I.O.U.? sinkingfeeling Apr 2 #5
Trying that Greenbay Sweep bullshit again? C_U_L8R Apr 2 #6
I hope this isn't allowed, BlueKota Apr 2 #7
Sounds like Petey isn't enjoying his stay at Club Fed JoseBalow Apr 2 #8
Maybe his jail bed sheet are more like burlap than the 800 thread per inch,.. magicarpet Apr 3 #51
Just serve your damn 3 and a half months and shut up. Irish_Dem Apr 2 #9
I know, right? ShazzieB Apr 2 #14
He goes to the United States Supreme Court TWICE Irish_Dem Apr 2 #23
Lol yeah padah513 Apr 3 #33
SOB got only 3.5 months? onetexan Apr 3 #35
He got four months but he already served two weeks. Irish_Dem Apr 3 #36
He wouldn't even get a hand up from Clarence Thomas RainCaster Apr 2 #10
He couldn't afford Thomas. Marcuse Apr 2 #16
Sad but true ShazzieB Apr 2 #27
My thought exactly! TwoInchMessia Apr 4 #53
keep hope alive, pete prodigitalson Apr 2 #11
Navarro's insufferable arrogance... GiqueCee Apr 2 #12
Yes. ShazzieB Apr 2 #15
This message was self-deleted by its author Mysterian Apr 2 #13
He always posgers himself as a "big, bad man". He needs to be what he said he is and serve his damn time. iluvtennis Apr 2 #17
It's already been two weeks and a day? Gore1FL Apr 2 #18
I know BumRushDaShow Apr 2 #19
I hope Navarro COL Mustard Apr 2 #20
don't you know he's annoying the shit out of whetever banker otherwise white collar criminal with the bad luck to share prodigitalson Apr 4 #54
Judge shopping, Supreme Court style. patphil Apr 2 #21
And the worm squirms... dlk Apr 2 #22
Thought he Rebl2 Apr 2 #25
He did BumRushDaShow Apr 2 #28
Suck it Rebl2 Apr 2 #26
Wait, his crime was failing to answer the Congressional subpoena, am I right? FakeNoose Apr 2 #29
womp womp nt orleans Apr 2 #32
Sing it Peter mahina Apr 3 #34
Suck it up, buttercup. And enjoy the baloney sandwiches. Vinca Apr 3 #38
Maybe Navarro doesn't like the green tinted baloney. magicarpet Apr 3 #52
Now they're Supreme Court Justice shopping...in the open. Baitball Blogger Apr 3 #39
Did they bribe Gorsuch? Johnny2X2X Apr 3 #41
What a wuss this guy is. Has he stopped crying yet? Are the other convicts yelling at him to shut up? Hotler Apr 3 #43
To bad he isn't there for a couple of years, the poor little snowflake. republianmushroom Apr 3 #46
They should decide, like they do for us, if were waitng. bluestarone Apr 3 #48
He attempted to commit another crime. Marcuse Apr 3 #49

aurora the great

(72 posts)
24. Oh no he didn't!
Tue Apr 2, 2024, 08:54 PM
Apr 2

You read my mind. Its the first thing I thought when I read about this appeal. Just keep going until you find someone who agrees with you. Its the American way( for Trump and his supporters) If Gorsuch doesn't work out maybe there a clerk who will champion his cause. Loser. Go to jail. Go directly to jail and there is no Get out of Jail Free card snowflake Give it up. (unless Trump is elected)

calimary

(81,000 posts)
30. Welcome to DU, aurora the great!
Tue Apr 2, 2024, 10:32 PM
Apr 2

Let's just make sure his benefactor can't get back into the White House. THAT is Job One.

onenote

(42,486 posts)
31. This is completely within the Court's rules. It also is "disfavored"
Tue Apr 2, 2024, 11:07 PM
Apr 2

Rule 22.3
A Justice denying an application will note the denial thereon. 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. Renewed application is made by a letter to the Clerk, designating the Justice to whom the application is to be directed, and accompanied by 10 copies of the original application and proof of service as required by Rule 29.

onenote

(42,486 posts)
44. No.
Wed Apr 3, 2024, 09:57 AM
Apr 3

Most applications for emergency relief are referred by the receiving justice to the full court so the opportunity to file a second request doesn’t arise. And when a single justice acts on a petition and denies it, a second request, if made, almost always is then referred to the entire court.

onenote

(42,486 posts)
45. The denial did not specify that it was with prejudice, but it was implicit in the order
Wed Apr 3, 2024, 10:08 AM
Apr 3

The order from CJ Roberts denying the application for emergency relief stated that the Court of Appeals concluded that Navarro had "forfeited" his arguments in support of a stay of his sentence; CJ Roberts stated that he saw "no basis" for disagreeing with the Court of Appeals.

If you want to delve further, here are links to CJ Roberts' order and to the Court of Appeals order- they're both very short:

CJ Roberts Order:https://www.supremecourt.gov/opinions/23pdf/23a843_he4l.pdf
Court of Appeals Order:https://storage.courtlistener.com/recap/gov.uscourts.cadc.40540/gov.uscourts.cadc.40540.1208604640.0.pdf

bluestarone

(16,827 posts)
42. Well then, could the SAME charge be filed before he gets out? ( i mean re-subpoena him for the same material)
Wed Apr 3, 2024, 09:25 AM
Apr 3
edit to add, Wonder why he didn't go to Thomas? That would be a sure thing.

C_U_L8R

(44,965 posts)
6. Trying that Greenbay Sweep bullshit again?
Tue Apr 2, 2024, 06:01 PM
Apr 2

Going around the boss is a stupid move. Navarro is a total clown.

BlueKota

(1,609 posts)
7. I hope this isn't allowed,
Tue Apr 2, 2024, 06:03 PM
Apr 2

but at this point nothing will surprise me. I don't trust ant Republican on that court.

magicarpet

(14,087 posts)
51. Maybe his jail bed sheet are more like burlap than the 800 thread per inch,..
Wed Apr 3, 2024, 07:36 PM
Apr 3

... 100% Egyptian cotton sheets he is used to at home and at the five star luxury hotels he customarily frequents.

What no room service,.. quick get Gorsuch on the phone,... Peter wants to file a customer complaint.

ShazzieB

(16,198 posts)
14. I know, right?
Tue Apr 2, 2024, 08:12 PM
Apr 2

When I read the length of the sentence, I rolled my eyes SO hard.

I'm sure lockup is no fun, but that amount of time will fly by. Suck it up, Buttercup!

Irish_Dem

(46,315 posts)
23. He goes to the United States Supreme Court TWICE
Tue Apr 2, 2024, 08:44 PM
Apr 2

for a 4 month jail sentence.

Martha Stewart was sentenced to prison for a longer period than this.
She took it in stride, kept her mouth shut, didn't name names.
In prison she helped other women learn some skills.
Then when released she hit the ground running and has an iconic
brand to this day.

onetexan

(13,016 posts)
35. SOB got only 3.5 months?
Wed Apr 3, 2024, 03:10 AM
Apr 3

Petty criminals get alot more than this fool doing his errand to overthrow the govt.

Irish_Dem

(46,315 posts)
36. He got four months but he already served two weeks.
Wed Apr 3, 2024, 06:42 AM
Apr 3

I know, right. Commit treason by overthrowing the US government and overturning an election.
Get four months.
Damn courts.

RainCaster

(10,776 posts)
10. He wouldn't even get a hand up from Clarence Thomas
Tue Apr 2, 2024, 06:20 PM
Apr 2
“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.”

ShazzieB

(16,198 posts)
27. Sad but true
Tue Apr 2, 2024, 08:58 PM
Apr 2

I laughed like a hyena when I read this, then felt bad about finding it funny.

It is funny, though. It's absolutely true, and it's both funny and horrifying at the same time!

TwoInchMessia

(8 posts)
53. My thought exactly!
Thu Apr 4, 2024, 09:10 AM
Apr 4

I was surprised Pete didn't start with Thomas, seeing as how Thomas apparently isn't afraid of any repercussions for his actions.

GiqueCee

(586 posts)
12. Navarro's insufferable arrogance...
Tue Apr 2, 2024, 07:14 PM
Apr 2

... as he described procedures on J6 as if it was a perfectly justifiable course of action following Trump's resounding defeat should be reason enough to keep him the slammer 'til his teeth fall out.

Response to BumRushDaShow (Original post)

BumRushDaShow

(128,207 posts)
19. I know
Tue Apr 2, 2024, 08:37 PM
Apr 2

and I even caught some of his streaming press conference before he surrendered. Seemed like it was just last week.

COL Mustard

(5,859 posts)
20. I hope Navarro
Tue Apr 2, 2024, 08:38 PM
Apr 2

Has an absolutely miserable time in jail, He's only in for four months. He should just suck it up.

prodigitalson

(2,361 posts)
54. don't you know he's annoying the shit out of whetever banker otherwise white collar criminal with the bad luck to share
Thu Apr 4, 2024, 05:25 PM
Apr 4

a cell with him?

BumRushDaShow

(128,207 posts)
28. He did
Tue Apr 2, 2024, 09:01 PM
Apr 2

and his request for a stay to his sentence to remain out of prison pending appeal was shot down by John Roberts (who handles those emergency requests for issues in the D.C. Circuit area). So he is trying to get another Justice to give him that stay.

He's supposedly allowed to request another Judicial opinion for stuff like this but that is rarely granted and especially if you already had the Chief Justice say "hell no".

FakeNoose

(32,509 posts)
29. Wait, his crime was failing to answer the Congressional subpoena, am I right?
Tue Apr 2, 2024, 09:15 PM
Apr 2

He hasn't even been charged with anything about the January 6th failed coup ... yet.

That's all down the road, and he's ass-deep in all of that activity. This "contempt of Congress" is child's play compared to what's down the road for him. What a whining baby he is. Lock him the fuck up.

magicarpet

(14,087 posts)
52. Maybe Navarro doesn't like the green tinted baloney.
Wed Apr 3, 2024, 07:45 PM
Apr 3

The damn stuff has such a short shelf life and starts getting moldy.

Johnny2X2X

(18,926 posts)
41. Did they bribe Gorsuch?
Wed Apr 3, 2024, 08:55 AM
Apr 3

Probably worked something out with him befor ethey filed this appeal. The Right Wingers on the SCOTUS are for sale, they work for the GOP, not the US Consitution, and thye will rule based on politics and based on pay offs.

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