“On May 26, 2022, two FBI special agents banged loudly on my door in the early morning hours to present me with a fruit of the poisonous tree,” a grand jury subpoena “commanding me to comply with the original … subpoena issued to me by the Committee dated February 9, 10 2022,” Navarro said in the 88-page complaint.
Navarro’s case was randomly assigned to U.S. District Judge Randolph D. Moss, a 2014 Obama appointee who served in the Clinton Justice Department from 1996 to 2001, together with as head of the Office of Legal Counsel, which offers authorized recommendation to the manager department on such issues as govt privilege claims.
The Jan. 6 committee subpoenaed Navarro in February looking for data and testimony from the previous commerce adviser, who has written and publicly mentioned the trouble to develop a method to delay or overturn certification of the 2020 election.
Navarro responded on the time with an announcement rejecting the request and the committee’s legitimacy and blaming Pelosi, amongst others, for the violence that occurred Jan. 6, 2021. He argued that Trump “has invoked Executive Privilege; and it is not my privilege to waive.”
The House then voted in April to carry Navarro and former White House communications chief Daniel Scavino Jr. in contempt of Congress, resulting in legal referrals to the Justice Department, which has the facility to cost the 2 former officers with misdemeanors that may outcome in as much as one yr in jail and a fantastic of as much as $100,000.
The pro-Trump mob that stormed the Capitol on Jan. 6, 2021, was making an attempt to cease the certification of Democrat Joe Biden’s election win. The assault resulted in the deaths of 5 folks and accidents to about 140 members of legislation enforcement.
Navarro is amongst a number of Trump advisers who’ve been subpoenaed by the choose committee and are looking for to keep away from testifying by citing Trump’s declare of govt privilege. The panel has also issued subpoenas to five House Republicans, together with Minority Leader Kevin McCarthy (Calif.).
Two different former senior Trump White House aides have raised govt privilege claims in pending circumstances earlier than a federal decide in Washington.
Like Navarro, former White House chief of employees Mark Meadows has sued the House Jan. 6 committee after receiving a subpoena. Former Trump strategist Stephen Ok. Bannon has moved to toss fees of legal contempt of Congress after refusing to look earlier than the committee.
Both circumstances are earlier than U.S. District Judge Carl J. Nichols, a 2019 Trump appointee who served in George W. Bush’s Justice Department from 2005 to 2009, together with as principal deputy assistant lawyer normal in the civil division.
In a February letter accompanying the unique Navarro subpoena, Rep. Bennie G. Thompson (D-Miss.), chairman of the choose committee, cited information stories that the previous Trump commerce adviser “worked with Steve Bannon and others to develop and implement a plan to delay Congress’s certification of, and ultimately change the outcome of the 2020 presidential election.”
The letter additionally cited Navarro’s current guide, in which he detailed a plan he referred to as “The Green Bay Sweep,” which he described because the “last best chance to snatch a stolen election from the Democrats’ jaws of deceit.” The subpoena additionally described a Navarro report launched on-line that repeated “many claims of purported fraud in the election that have been discredited.”
Navarro stated in his lawsuit towards Pelosi and the committee that he was directed to testify earlier than a grand jury June 2 and current “[a]ll documents relating to the subpoena dated February 9, 2022” that he acquired from the committee, “including but not limited to any communications with formal President Trump and/or his counsel or representative.”
“As demonstrated in this brief, the executive privilege invoked by President Trump is not mine or Joe Biden’s to waive,” Navarro maintained. “Rather, as with the Committee, the U.S. Attorney has constitutional and due process obligations to negotiate my appearance before [the grand jury] not with me but rather with President Trump and his attorneys and I am bound by privilege to fail to comply with this Grand Jury Subpoena absent these negotiations and guidance from President Trump.”
Jacqueline Alemany and Tom Hamburger contributed to this report.