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The appeal continues before a federal appeals court panel after the government withdrew its brief defending the conviction. New counsel entered an appearance and asked the court to decide the case on its merits rather than dismiss it.
Washington ExaminerA former trade adviser is continuing an appeal of a criminal contempt of Congress conviction after the government withdrew its defense of the case. The appeal seeks a ruling on executive privilege issues. New counsel Abhishek Kambli filed an appearance Thursday before the U.S. Court of Appeals for the District of Columbia Circuit.
Kambli, who previously worked at the Justice Department, urged the panel to consider a recent Supreme Court order in a similar case.
Background of the case The adviser was indicted in 2022 after declining to comply with a congressional subpoena. A federal jury convicted him in 2023 on two counts of contempt of Congress, resulting in a four-month prison sentence and a nearly $10,000 fine.
The sentence has been completed, but the appeal remains pending. The three-judge panel includes Judges Patricia Millett and Cornelia Pillard, appointed by former President Barack Obama, and Judge J. Michelle Childs, appointed by former President Joe Biden.
Government withdrawal and new filing Officials informed the court last year that they no longer supported the prior position defending the conviction. The court struck the government's brief but declined to appoint outside counsel, leaving the government out of further participation.
Kambli stated that the adviser declined a pardon to pursue a court ruling on the legal questions. In a post on X, Kambli wrote: "Proud to represent Peter Navarro, who turned down a pardon to vindicate his case in court. " The filing references the Supreme Court's April order in a related case and notes that the adviser seeks a decision on the merits rather than dismissal.
The letter highlights questions about the term "willfully" in the contempt statute.
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