A federal appeals court in Washington upheld the felony contempt of Congress conviction of Peter Navarro, a former White House trade adviser, on July 21, 2026. The court rejected Navarro's argument that he was protected by executive privilege from complying with a subpoena issued by the House committee investigating the January 6, 2021, Capitol riot. In a unanimous decision, the U.S. Court of Appeals for the District of Columbia Circuit stated that Navarro failed to demonstrate that former President Donald Trump instructed him to withhold testimony or documents from the investigation.
Judge Patricia Millett, who authored the 37-page opinion, noted that Navarro had asserted executive privilege without consulting Trump. The court found no evidence that Trump had formally invoked executive privilege or directed Navarro to defy the subpoena. Navarro was convicted in 2023 for refusing to provide records or testimony, and he served a four-month federal prison sentence in 2024. Despite his release, he has continued to challenge the conviction.
The appeals court emphasized that Navarro's immediate assertion of executive privilege occurred before he had even seen the subpoena, which sought information he had already discussed publicly. The ruling indicated that Navarro's actions did not meet the requirements of good faith necessary under the federal contempt statute. Navarro's attorney stated that the case could set a precedent affecting senior presidential advisors regarding compliance with congressional subpoenas based on executive privilege.