Supreme Court rejects appeal from Trump adviser Peter Navarro

By 
 December 17, 2024

The Supreme Court has rejected the appeal of Trump ally Peter Navarro in his legal battle with the National Archives.

Navarro has fought to shield his private emails from the National Archives (NARA), which has sought to obtain them through the Presidential Records Act. Navarro says he is the target of an unprecedented enforcement action that was never countenanced by Congress.

The Supreme Court rejected Navarro's appeal without an explanation, which is common.

Navarro shot down

In 2022, the Justice Department sued Navarro to force him to hand over coronavirus-related work emails. The government argues the emails fall under the Presidential Records Act, a federal record-keeping law created after the Watergate scandal.

Navarro has conceded that the emails belong to the government. But he says the Presidential Records Act cannot be enforced to invade the privacy of a former staffer.

“While NARA has the authority over Presidential records to maintain them, preserve them, and eventually make them available for the public, the [Presidential Records Act] explicitly does not confer in NARA the authority to invade a former employee’s privacy to force the compelled production of Presidential records,” he argued in his petition.

“Dr. Navarro appears to be the only former covered employee that NARA has sued.”

Navarro also invoked his right against self-incrimination as the Biden Justice Department prosecuted him.

"Given the related nature of the document sought by [National Archives and Records Administration] and the allegations against him, Dr. Navarro sought immunity for the production of Presidential records to avoid their use against him in the pending criminal matter," he wrote.

Trump loyalist

So far, Navarro has had no luck in Washington D.C.'s federal courts. A three-judge panel of the D.C. appeals court previously found there is "no public interest" in Navarro retaining the records.

"Navarro has failed to articulate any cognizable Fifth Amendment injury,” the panel wrote. “Because the records were voluntarily created, and he has conceded both that they are in his possession and that they are the property of the United States, the action of physically returning the United States’ records to it will not implicate his [Fifth Amendment right].”

Navarro was convicted of contempt of Congress for defying the January 6th committee. He served four months in prison, finishing his sentence in July.

The economist, known for his protectionist views on trade and fierce loyalty to President Trump, spoke at the Republican National Convention hours after his release from jail.

Navarro is returning to Washington to advise Trump on trade policy this January.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson