(WASHINGTON) — Former Trump White House adviser Peter Navarro on Friday filed an emergency appeal to the U.S. Supreme Court in an attempt to remain out of prison as he works to overturn his conviction on two counts of contempt of Congress.

Navarro was ordered on Monday to report to prison in Miami on March 19, to serve a four-month sentence.

He was convinced in September of two counts of contempt of Congress for refusing to provide testimony and documents to the House Select Committee that investigated the Jan. 6 attack on the U.S. Capitol.

In his filing to the Supreme Court, Navarro’s attorney Stanley Woodward argued that Navarro “is indisputably neither a flight risk nor a danger to public safety should he be released pending appeal.”

In testimony during Navarro’s trial, former Jan. 6 committee staff director David Buckley said the House panel had been seeking to question Navarro about efforts to delay Congress’ certification of the 2020 election, a plan Navarro dubbed the “Green Bay Sweep” in his book, “In Trump Time.”

Navarro unsuccessfully argued that former President Donald Trump had asserted executive privilege over his testimony and document production.

“For the first time in our nation’s history, a senior presidential advisor has been convicted of contempt of Congress after asserting executive privilege over a congressional subpoena,” Woodward’s filing said. “Dr. Navarro has appealed and will raise a number of issues on appeal that he contends are likely to result in the reversal of his conviction, or a new trial.”

Navarro would become the first former Trump adviser to report to prison for actions related to the Jan. 6 attack.

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