The epoch times

Judge denies executive privilege defense in Navarro’s contempt case.

A‌ federal judge has rejected a key defense ‌in former ⁤White House trade adviser​ Peter Navarro’s contempt of Congress case.

Mr. Navarro was indicted for contempt of Congress on June 3, 2022, for failing to comply with ⁢a subpoena from ⁤the now-defunct House ​Jan. 6 Subcommittee. He has pleaded‍ not guilty to the charge.

Throughout the course of the panel’s investigation—which critics decried ​as one-sided and politically-motivated—the committee issued subpoenas ​to several of President⁣ Donald Trump’s former White‍ House associates, including Mr. Navarro, former White‌ House adviser Steve Bannon, and others.

Like many of President Trump’s associates, ⁢Mr. ⁢Navarro defied ​a subpoena from the panel on the grounds ‍that his communications with the former president and ‍his staff were protected ‍under executive privilege, a​ doctrine that can be invoked by the president to protect some kinds of official communications.

Now, a judge has ruled that Mr. Navarro will not be able to ​tell ​a jury‌ that this⁣ was part of his reasoning ‌behind defying the subpoena.

Defense Inadmissible

In a ​Wednesday hearing at a federal court‌ in Washington, Mr. Navarro told Judge Amit Mehta that President Trump had made it “very ⁣clear” that he intended to invoke executive privilege over communications ‌with Mr. Navarro, CBS News reported.

The‌ judge, however, ruled ⁢that there was insufficient evidence that President⁤ Trump had intended to invoke privilege, and⁣ thus ruled that Mr. Navarro would be prohibited from disclosing ​this to a‍ jury,⁣ essentially blocking Mr. ⁢Navarro from his key defense in the case.

At the hearing, Mr. Navarro ⁤told Judge Mehta that he⁣ had spoken⁣ to President Trump on Feb. 20, 2022, roughly 11 days⁤ after the panel‌ issued a subpoena ⁣ against him.

During a three-minute call with‍ the president, Mr.‍ Navarro told the judge that “it was clear during that call that privilege was​ invoked, very clear.”

At a later meeting⁤ with President Trump‌ on April 5, 2022, Mr. Navarro said, the⁣ president sent ⁢the ‍same message.

“There was no ‌question that privilege had been invoked from the ‍get-go,” Mr. Navarro said.

Judge Mehta earlier elected to delay the trial so that ⁢the matter of executive privilege could be considered.

With ‍his⁣ key defense ‌now declared inadmissible ‌by a judge, it is unclear how Mr. Navarro’s defense will play out in court.

Mr.‍ Navarro⁤ was ⁢charged with contempt of Congress by the House‌ Jan. 6 panel in March 2022 alongside Dan Scavino. The panel also‌ advanced contempt of Congress charges ​against Mr. Bannon.

These charges were later⁢ sent to President Joe Biden’s Department of Justice by the then-Democrat controlled House of⁢ Representatives in a ⁢series of party-line​ votes.⁣ Attorney General Merrick Garland elected to press charges in‌ each case.

Each man who ⁣refused to comply with the subpoena invoked executive ‌privilege to back the decision.

Mr. ⁢Navarro’s lawyer told The Epoch Times he had no further comment about the outcome of the hearing.



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