A federal appeals court has rejected another argument from former Trump adviser Peter Navarro, one of a series of recent legal losses that has the economist facing sanction for defying court orders even as he serves a four-month prison sentence for ignoring similar demands from Congress.in September over his refusal to respond to a subpoena from lawmakers investigating the Jan.
The same argument was rejected previously by Judge Colleen Kollar-Kotelly, a Clinton appointee, who also concluded that Navarro’s Fifth Amendment right to avoid self-incrimination in his criminal case did not entitle him to hold onto property that belonged to a former employer. Navarro had used the encrypted email service Proton Mail to send and receive messages while working in the Trump administration. The law requires that any such presidential correspondence be forwarded to an official account for preservation. In December 2021, the National Archives learned from a House committeethat Navarro had failed to follow that procedure. When the archivist’s office asked Navarro to hand over the emails, he did not respond.
“It is clear that Defendant continues to possess Presidential records that have not been produced to their rightful owner, the United States,” she, they said he had handed over another 472 emails but argued that ambiguity over whether some of Navarro’s emails were personal or work-related showed that there was a “problem with enforcing the Presidential Records Act.” Kollar-Kotelly ruled that a magistrate judge could sort out whether those diarylike messages had to handed over.
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