Peter Navarro saw his last-ditch plea to stave off prison denied by the Supreme Court on Monday, meaning the former aide for Donald Trump must surrender to a federal prison in Miami on Tuesday afternoon to serve a four-month sentence for ignoring a subpoena from Congress.
Navarro filed an emergency stay appeal on Friday, asking the high court to allow him to remain out of jail as he attempts to have his contempt of Congress conviction reversed on appeal.
That motion was denied on Monday afternoon, less than 24 hours before the 2 p.m. deadline he was issued. If Navarro serves his full four-month sentence as expected, he’ll turn 75 the same week he’s set to be released.
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In denying the request, Chief Justice John Roberts said he saw no reason to disagree with an appeals court’s decision that told Navarro he must report to prison while his appeals process plays out.
Roberts noted that Monday’s decision is distinct from his opinion on the actual appeal, which the Supreme Court has not been asked to rule on.
Navarro was convicted in September after he argued unsuccessfully that Trump gave him presidential immunity that would allow him to refuse to testify or provide documents to the House committee investigating the attack on the U.S. Capitol on Jan. 6, 2021.
Navarro is the second Trump adviser to be convicted for defying the Jan. 6 committee, but he’ll be the first to spend time behind bars. Steve Bannon, Trump’s former chief strategist, lost his contempt of Congress trial in 2022 but was allowed to remain out of jail as his appeals process plays out.