U.S. District Judge Amit Mehta dismissed former Trump White House aide Peter Navarro‘s plea to avoid incarceration while he appeals his criminal conviction for defying a subpoena from the January 6 select committee.

Mehta stated that Navarro’s claim of potential success on appeal was insufficient grounds to postpone the four-month prison sentence handed down last month.

The judge rejected multiple arguments put forth by Navarro and underscored that his claims of testimonial immunity, executive privilege and other defenses lacked merit. While Navarro asserted political bias, Mehta ruled that Navarro’s claims of political bias were unfounded and lacked substance. If the ruling stands, Navarro may become the first member of Trump’s inner circle to face imprisonment for crimes connected to attempts to undermine the 2020 election.

Navarro cited past court rulings from the Nixon era to argue for a postponement of his sentence while he appeals, citing the complex nature of the executive privilege issue.

However, Mehta rejected these claims, explaining, “If anything, President Nixon did what President Trump could have done here. Through his counsel, he unequivocally claimed executive privilege by moving to quash the grand jury subpoena… because the court found no evidence that President Trump ever invoked the privilege, no ‘presumption’ ever attached to Defendant’s testimony or records.”

Mehta acknowledged that the federal appeals court in Washington, D.C., might still consider delaying Navarro’s sentence. However, barring intervention from a higher court, Navarro must “report to the designated Bureau of Prisons facility on the date ordered by the BOP.”

This conclusion marks the culmination of a two-year legal journey for Navarro, who faced contempt of Congress charges in 2022 when he refused to testify about his involvement in Trump’s efforts to overturn the 2020 election results. Navarro collaborated with Trump aide Steve Bannon, who was similarly convicted of contempt of Congress last year, on a strategy they referred to as “the Green Bay Sweep.” The plan aimed to have members of Congress challenge the election results in the certification on January 6.

Bannon is currently appealing his conviction, but an appeals court seemed highly skeptical of his case in a recent hearing.

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