The federal Justice Department has once again seen victory in a court dispute with former Trump adviser Peter Navarro over what are evidently hundreds of private email messages originating in an account of his from the time he served in an official role on then-President Trump’s team.
The argument from the government’s side is the email missives constitute government records falling under rules for the preservation of such materials, and although there are guidelines for handling such records originating in private email accounts that involve simply dispatching copies to an official address, Navarro didn’t do so. He’s instead now claimed that complying with the federal push for the emails could infringe upon his Constitutional rights against self-incrimination, although it’s not clear there’s really any substantive connection between this matter and the separate criminal case he is already facing for defying a subpoena from the House committee that investigated January 6. An appeals court has rejected a request from Navarro for putting a hold on prior judicial demands he provide the emails.
“There is no public interest in Navarro’s retention of the records, and Congress has recognized that the public has an interest in the Nation’s possession and retention of Presidential records,” the appeals judges said in a passage highlighted by POLITICO, seemingly referring to relevant factors considered before implementing a stay (the term for those holds).
Navarro has also previously challenged the judicial procedures that federal authorities were attempting to use to reclaim the disputed messages, but those complaints also failed. It further appears this may finally be the end of it, because federal Judge Colleen Kollar-Kotelly, who was responsible for the underlying directive Navarro was disputing before the appeals judges, has updated her order to require the Trump ally to comply on or before Friday, eliminating what would seem like many further options for another delay just because of a lack of time.
“She also ordered him to perform additional searches or presidential records that might be in his possession by May 8, with further proceedings scheduled for later in the month,” POLITICO added on Wednesday. The appeals judges rejected Navarro’s presented arguments in specific terms, including on the Constitutional grounds and the procedural complaints involving reclamation processes available under D.C. rules. Unlike the federal Justice Department’s investigation into Trump harboring sensitive government documents at his Mar-a-Lago resort in Florida, it doesn’t appear criminal charges are directly looming over Navarro’s emails — although trial for contempt looms.
