Cite as: 601 U. S. ____ (2024) 1

Opinion in Chambers

NOTICE: This opinion is subject to formal revision before publication in the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, [email protected], of any typographical or other formal errors.

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.