Former top economic adviser to Donald Trump, Peter Navarro, testified in a federal court hearing that Trump explicitly instructed him not to respond to a congressional subpoena from the House select committee that investigated the January 6, 2021, attack on the US Capitol. Navarro stated that during a phone call with Trump on February 20, 2022, it was “very clear” that Trump had invoked privilege and instructed Navarro not to comply with the subpoena.
Navarro’s legal team requested that Judge Amit Mehta allow Navarro to defend himself at his contempt of Congress trial by using Trump’s directive as evidence. Navarro also mentioned a meeting with Trump on April 5, 2022, where it was apparent from the start that privilege had been invoked and Trump dominated the conversation.
The select committee initially subpoenaed Navarro in February 2022 to provide records and testimony related to efforts to overturn the 2020 presidential election. After refusing to comply, Navarro was indicted on two counts of criminal contempt of Congress and entered a plea of not guilty. The trial is scheduled to begin on September 5.
Prosecutors argued against holding the evidentiary hearing, claiming that Navarro had not provided concrete evidence of Trump’s invocation of executive privilege or testimonial immunity. However, Judge Mehta ruled that Navarro could present evidence during the hearing to establish the invocation of these privileges by the former president.
During the hearing, Judge Mehta expressed doubts about the existence of documented evidence supporting Navarro’s claim. Navarro’s defense attorney, Stanley Woodward, acknowledged the lack of physical documentation but argued that Navarro believed he had been formally limited from speaking to Congress. Navarro stated that he did not directly email Trump, but rather communicated with him through his aides, as Trump was not known for being a “text guy.” However, the Justice Department contended that there was no proof that Trump even saw the Jan. 6 subpoena, let alone formally shielded Navarro from testifying.
The defense highlighted the inconsistency of granting executive privilege to other senior advisers subpoenaed by the Jan. 6 committee while denying it to Navarro. In a separate hearing, federal prosecutors revealed that Trump’s legal team had unsuccessfully fought sealed court battles over executive privilege claims in an attempt to prevent grand jury witnesses from testifying in the special counsel’s probe.
Judge Mehta ruled that Navarro must provide formal and concrete evidence during the hearing to use the privilege and immunity defenses at his upcoming trial. He specified that the testimony immunity defense would only apply to the count related to Navarro’s refusal to testify, while executive privilege would apply to the count related to the production of records.
The judge is expected to make a decision on Navarro’s privilege and immunity defenses in the near future. It is notable that Navarro is the second Trump ally to face prosecution for defying a subpoena from the former House Select Committee, following Steve Bannon’s conviction. Other aides, including Mark Meadows and Dan Scavino, were referred to the Justice Department but were not charged. Navarro faces a maximum sentence of one year in prison for each count.
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