'Without merit': Imprisoned Peter Navarro loses bid not to turn over presidential records

While serving four months in prison, former White House trade adviser Peter Navarro will not be able to sue the federal government in an effort not to turn over potential presidential records.

In an order issued Monday, a federal court of appeals affirmed a district court's order about whether the government could pursue the return of presidential records from Navarro's personal email account.

"Peter Navarro served in the Executive Office of the President in various roles from January 20, 2017, to January 20, 2021. During that time, he was a covered employee under the PRA [Presidential Records Act]. Navarro used at least one non-official email account to send and receive messages constituting Presidential records. Contrary to Section 2209(a), he did not copy those messages to his official account. He also retained some messages on his non-official account," the order explained.

"On July 22, 2022, Navarro's counsel represented that NARA's search parameters had generated 1,700 documents, about 200 to 250 of which counsel identified as Presidential records. Navarro, through counsel, refused to produce the records without a guarantee that the records would not be used in Navarro's unrelated criminal prosecution for contempt of Congress."

The government asked the court for permission to use the District of Columbia's replevin statute to have the records returned. Navarro appealed, but a court struck down his appeal in April 2023.

"Navarro argues that the United States cannot use D.C.'s replevin statute because the PRA itself has no express cause of action for the United States to seek the return of Presidential records. Rather, in Navarro's view, the United States's only enforcement mechanism is to discipline current employees possessing Presidential records under Section 2209, a mechanism the United States cannot use against Navarro because he is no longer an employee," Monday's order explained.

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"These arguments are without merit under clear, longstanding precedent," the order added. "For that reason, for Navarro to prevail, he would need to show that the PRA affirmatively abrogates the United States's general authority to pursue common law remedies... Navarro cannot do so."

"For the foregoing reasons, the district court's grant of the United States's motion for summary judgment and denial of Navarro's motion to dismiss is affirmed."

A federal judge has previously ordered Navarro to return these records, which belong to the United States government. This order came after Navarro was found to have about 600 records that he had not yet returned.

This situation is separate from another legal challenge Navarro faced. He was convicted of contempt of Congress because he did not follow a subpoena. The subpoena was part of an investigation into the attack on the U.S. Capitol on January 6. For this, he received a four-month jail sentence and was fined $9,500.

The judge, Colleen Kollar-Kotelly, gave Navarro until March 20 to sort out the presidential records he still has. She also mentioned that Navarro needs to explain why he should not be held in contempt of court for not following her order to return these records.