Judge rules Navarro didn’t prove Trump invoked executive privilege over Jan. 6 testimony

A federal decide dominated Wednesday that former Trump White Home official Peter Navarro didn’t show former President Trump invoked govt privilege that Navarro says prevented him from testifying earlier than the Home Jan. 6 committee. His trial will proceed as deliberate subsequent week.

Navarro was charged with contempt of Congress after refusing to cooperate with a congressional investigation into the Jan. 6, 2021, Capitol assault. 

Throughout a pretrial listening to Monday, the previous Trump official stated it was “clear … that privilege was invoked — very clear” throughout a February 2022 telephone name with Trump that occurred days after Navarro was subpoenaed by the Home panel, in accordance to a number of studies.

U.S. District Choose Amit Mehta dominated Wednesday that Navarro supplied no particular proof for the courtroom to think about over his declare that privilege was invoked.

Mehta stated the act of invoking privilege requires “affirmative conduct.” The choice to invoke privilege have to be made by the president, private consideration have to be concerned and privilege can’t be asserted by “mere acquiescence,” he stated.

“There was no formal invocation of govt privilege by [Trump] after private consideration nor authorization to Mr. Navarro to invoke privilege on his behalf,” Mehta stated. 

The previous Trump financial adviser faces two counts stemming from his failure to look for a deposition earlier than the Home committee that investigated the assault and for failing to supply paperwork requested by the committee. He has pleaded not responsible.

Throughout the pretrial listening to Monday, Mehta stated that Navarro’s protection arguments have been “fairly weak sauce,” saying the courtroom nonetheless didn’t know what Trump had stated to Navarro to go away him with the impression govt privilege had been invoked, based on the studies.

Ex-White Home adviser Steve Bannon was convicted earlier this yr of two counts of contempt of Congress for evading the Home Jan. 6 committee. He was sentenced to 4 months in jail however has not but served that point after a decide stated he may stay free pending attraction.

Jury choice in Navarro’s trial is about to start Sept. 5.