The Justice Department has recommended a six-month prison sentence for former President Donald Trump's adviser Peter Navarro for refusing to cooperate with the House investigation into the January 6, 2021, Capitol riot.
Mr. Navarro, a staunch ally of President Trump, was convicted in federal court in Washington in September on two misdemeanor counts of contempt of Congress, each of which carries a maximum sentence of one year in prison.
A House committee investigating the January 2021 attack on the U.S. Capitol by Trump supporters seeking to block Congress' certification of the 2020 election issued the subpoena in February 2022. The subpoena required Navarro to take a deposition and produce documents, but he refused. According to the indictment. Defense attorneys argued that Navarro did not intentionally ignore the House Jan. 6 committee.
National Chamber of Commerce Director Peter Navarro speaks to members of the media in front of the White House on August 28, 2020 in Washington, DC. (Stephanie Reynolds/Sipa/Bloomberg via Getty Images)
Former President Trump adviser Peter Navarro rejects plea deal, lawyer demands 'perfunctory' offer
Assistant U.S. Attorney Elizabeth Aloi, in a 20-page sentencing memo filed Thursday night, called for the sentence due to a “malicious strategy” of Navarro's “persistent and intentional disregard for Congress.” said.
“The defendant, like the Capitol rioters, put politics first, not country, and obstructed Congress' investigation,” Aloy wrote in his sentencing memo. “The defendant chose loyalty to former President Donald Trump over the rule of law.”
Prosecutors wrote that Navarro deserves “severe punishment” and is also seeking a $200,000 fine.
Navarro is scheduled to be sentenced on January 25th in U.S. District Court in Washington.
Former President Trump adviser Peter Navarro pleads not guilty to contempt of Congress charge
Americans loyal to then-President Trump rally at the U.S. Capitol in Washington, DC, on January 6, 2021. (AP Photo/Jose Luis Magana, File)
Mr. Navarro told prosecutors that his testimony was prohibited by executive privilege and that he refused to participate in the investigation.
Prosecutors said Mr. Navarro should have provided as much material as possible and flagged any questions or documents that appeared to be protected by executive privilege. They said much of the material the committee requested was already publicly available.
“The factual record in this case shows that with respect to the Commission's subpoenas, defendants consistently hid their defiance behind claims of executive privilege that they knew had no merit, and that they did so out of contempt for the Commission and its mission. There is abundant evidence that this is the case,” the memo said.
Prosecutors said Navarro knew Trump did not actually claim executive privilege, and the only evidence they could present was a November 2021 press release.
“Defendants have submitted evidence to support their claims that the former president has invoked executive privilege with respect to the information the committee's subpoena sought from him or that he has challenged the authority or composition of the committee,'' Aloi said. “I have never provided it to the society,” he wrote. “The court was left with only a fan fiction version of what the defendant wanted, or what the former president wanted but was not told.”
White House Trade Advisor Peter Navarro holds notes after a television interview at the White House on Monday, October 12, 2020 in Washington, DC. (AP Photo/Alex Brandon)
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Navarro's lawyers, citing executive immunity, said the subpoena contradicts the idea that the president can direct subordinates to refuse to testify before Congress, according to the New York Times. “History is full of people who have refused to respond to Congressional subpoenas,” they wrote in a memo, adding that Dr. Navarro's sentence was disproportionate to those in similar circumstances. He said no.
Navarro is the second Trump aide to be found in contempt of Congress, following former White House adviser Steve Bannon, who was convicted on two counts and sentenced to four months in prison. However, he was released pending appeal.
The House also voted to indict former Trump aide Dan Scavino and former White House chief of staff Mark Meadows for contempt of Congress, but the Justice Department did not prosecute them.
FOX News' Bradford Betts and Jake Gibson and The Associated Press contributed to this report.
