Navarro v. United States

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1 Cite as: 601 U. S. ____ (2024)
Opinion in Chambers
NOTICE: This opinion is subject to formal revision before publication in the
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Decisions, Supreme Court of the United States, Washington, D. C. 20543,
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SUPREME COURT OF THE UNITED STATES
No. 23A843
PETER K. NAVARRO v. UNITED STATES
ON APPLICATION FOR RELEASE PENDING APPEAL
[March 18, 2024]
CHIEF JUSTICE ROBERTS, Circuit Justice.
The application for release pending appeal under 18
U. S. C. §3143(b) is denied. This application concerns only
the question whether the applicant, Peter Navarro, has met
his burden to establish his entitlement to relief under the
Bail Reform Act. The Court of Appeals disposed of the pro-
ceeding on the ground that Navarro “forfeited” any argu-
ment in this release proceeding challenging the District
Court’s conclusion that “executive privilege was not in-
voked,” “forfeited any challenge” to the conclusion that re-
lief would not be required in any event because of the qual-
ified nature of executive privilege, and “forfeited any
challenge” to the conclusion that apart from executive priv-
ilege, he was still obligated to appear before Congress and
answer questions seeking information outside the scope of
the asserted privilege. Order in No. 24–3006 (DC, Mar. 14,
2024). I see no basis to disagree with the determination
that Navarro forfeited those arguments in the release pro-
ceeding, which is distinct from his pending appeal on the
merits.