Peter Navarro again begs judge to grant stay just days before jail term begins

Former White House trade adviser Peter Navarro has asked a federal judge to delay his jail term while he appeals a guilty verdict in his contempt of Congress case.

In a 12-page filing to the U.S. Court of Appeals for the District of Columbia, attorneys noted Navarro had been ordered to report to jail on March 19.

"Accordingly, Dr. Navarro respectfully reiterates his request for an administratively [sic] stay so as to permit the Court to resolve the instant motion," Navarro's attorney wrote. "Should this Court deny Dr. Navarro’s motion, he respectfully requests an administrative stay so as to permit the Supreme Court review of this Court’s denial."

The filing argued the question of whether Donald Trump properly invoked executive privilege was still open. Navarro has said he refused to cooperate with the Jan. 6 Committee because Trump invoked executive privilege.

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"Whether this Court affirms, vacates, or otherwise alters the elements of a 'proper' invocation of executive privilege set forth by the district court, that this issue of first impression is now before this Court warrants Dr. Navarro’s release pending appeal," the document continued.

"To that end, the government blithely dismisses Dr. Navarro’s argument that requiring a formal invocation by a former president risks vitiating the privilege entirely insofar as to hold otherwise would preclude a former president unexpectedly suffering from disability or death to assert the privilege and enable the recalcitrant or disgruntled to affirmatively waive the privilege unbeknownst to the president."

"The government does not reconcile this reality as against the elements of a 'proper' invocation of privilege it seeks this Court to affirm because it can not."

Navarro has been sentenced to four months in prison. A federal judge has denied a previous request for Navarro to remain free while he appeals the two contempt of Congress charges.