Judge denies Navarro effort to dismiss contempt case for defying Jan. 6 committee
The ruling said Navarro had failed to prove that former President Donald Trump wanted him to assert executive privilege over his potential testimony.
A federal judge on Thursday rejected a last-ditch effort by Peter Navarro, a former adviser to former President Donald Trump, to dismiss the contempt of Congress charges he faces for defying a subpoena from the Jan. 6 select committee, keeping his late January trial on track to begin.
U.S. District Court Judge Amit Mehta said Navarro had failed to prove that the former president wanted him to assert executive privilege over his potential testimony — a key claim that Navarro has long maintained justified his decision to simply blow off the select committee’s subpoena.
But Navarro provided no evidence of his claim, asserting only that Trump privately asked him to invoke executive privilege. Without at least a shred of proof that Trump made a “formal” assertion of executive privilege, Mehta said, he could not grant Navarro’s motion.
“Defendant has failed to come forward with any evidence to support the claimed assertion of privilege. And, because the claimed assertion of executive privilege is unproven, Defendant cannot avoid prosecution for contempt,” Mehta wrote in the 39-page ruling.
It’s a significant decision in an area with little precedent: what current and former presidents must do to assert executive privilege. Mehta acknowledged that there’s not much to guide how courts should determine when a proper assertion has been made. But he said limited court rulings on the subject suggest there must be at least some formal evidence it occurred.
Mehta noted that two other Trump aides whom the House sought to hold in contempt — Mark Meadows and Dan Scavino — produced letters from Trump ordering them to assert executive privilege on his behalf. The Justice Department declined to prosecute the men, and Mehta indicated that the absence of a similar letter from Trump to Navarro led to a reasonable conclusion that Trump had not asserted executive privilege over his testimony.
Mehta’s ruling means that Navarro’s trial on two charges of contempt of Congress is likely to commence later this month. He faces a maximum sentence of a year in prison on each charge — one for refusing to testify and the other for refusing to provide documents — if convicted.
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A judge denied a last-ditch effort by former Trump adviser Peter Navarro to dismiss the contempt of Congress charges he faces for defying a subpoena from the Jan. 6 committee. https://t.co/gE8fadmGiM
— POLITICO (@politico) January 19, 2023
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