Peter Navarro Threatened With Contempt Over Presidential Records

Topline

A federal judge Tuesday ordered Peter Navarro to review hundreds of documents to return any remaining presidential records from his time in Trump’s White House—or potentially be found in contempt of court—after he defied previous court orders, nearly two weeks after another judge ordered him to report to prison.

Navarro, an ex-Trump aide, has until the end of March to review hundreds of records and show cause why he shouldn’t be found in contempt of court. Getty Images

Key Facts

U.S. District Judge Colleen Kollar-Kotelly handed down the decision after the court reviewed documents Navarro provided last October that he claimed were personal records—after he previously refused to conduct court-ordered searches after losing a bid to retain the records last spring.

The Justice Department sued Navarro in August 2022 over emails it alleged he sent from a personal account and wrongfully retained after ending his government work.

The court review of the 50 documents Navarro handed over, which consisted of emails and some attachments, concluded that at least 12 were presidential records while 16 were ambiguous—including four journal entries—and at least 22 were personal.

Covered records under the 1978 Presidential Record Act are those that are either created or received by covered employees “in the course of assisting with the discharge of the President’s official duties,” according to the court filing—and must be managed by the National Archives and Records Administration at the end of a president’s administration.

The court filing said Navarro’s status as a covered employee under the PRA is “undisputed,” as he served as an adviser to Trump throughout his presidency.

Kollar-Kotelly’s opinion indicated a magistrate judge will be referred to in order to ensure Navarro returns the required records to the government, including the 12 already identified as presidential records.

What To Watch For

Navarro has until March 21 to show cause as to why he should not be held in contempt of court. Kollar-Kotelly also gave him until March 20 to review the remaining records in his possession, which court filings indicate may be “approximately 600 records.”

Crucial Quote

“For instance, four (4) of these records appear to be journal entries in which Defendant writes about various aspects of his life,” Kollar-Kotelly wrote. “But the mere fact that the material is a journal entry does not mean it is a personal record, particularly as the journal entries include work-related topics.”

Surprising Fact

According to NARA, the Freedom of Information Act applies to the PRA five years after a president’s term ends, meaning that Trump’s presidential records will become subject to FOIA requests on Jan. 20, 2026.

Key Background

Tuesday’s decision is the latest legal woe for Navarro, who is appealing his Jan. 25 conviction on two counts of contempt of Congress. He was sentenced to four months in prison—along with a $9,500 fine—for defying a subpoena from the House Jan. 6 Committee. The committee was seeking testimony and documents from Navarro on the “Green Bay Sweep,” a plan that was developed to try to upend the 2020 election results. Navarro failed to provide either, which resulted in two charges for contempt of Congress.

Further Reading

Justice Department sues Peter Navarro for Trump White House emails (Politico)

Appeals court rejects Peter Navarro’s bid to retain hundreds of presidential records (Politico)

Ex-Trump Aide Peter Navarro Must Report To Prison For Contempt Of Congress, Judge Rules (Forbes)

Trump Aide Peter Navarro Sentenced To Four Months In Prison In House Jan. 6 Contempt Case (Forbes)