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

A federal judge ruled Wednesday that former Trump White House official Peter Navarro failed to prove former President Trump invoked executive privilege that Navarro says prevented him from testifying before the House Jan. 6 committee. His trial will proceed as planned next week.

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

During a pretrial hearing Monday, the former Trump official said it was “clear … that privilege was invoked — very clear” during a February 2022 phone call with Trump that occurred days after Navarro was subpoenaed by the House panel, according to multiple reports.

U.S. District Judge Amit Mehta ruled Wednesday that Navarro provided no specific evidence for the court to consider over his claim that privilege was invoked.

Mehta said the act of invoking privilege requires “affirmative conduct.” The decision to invoke privilege must be made by the president, personal consideration must be involved and privilege can’t be asserted by “mere acquiescence,” he said.

"There was no formal invocation of executive privilege by [Trump] after personal consideration nor authorization to Mr. Navarro to invoke privilege on his behalf,” Mehta said. 

The former Trump economic adviser faces two counts stemming from his failure to appear for a deposition before the House committee that investigated the attack and for failing to produce documents requested by the committee. He has pleaded not guilty.

During the pretrial hearing Monday, Mehta said that Navarro’s defense arguments were “pretty weak sauce,” saying the court still did not know what Trump had said to Navarro to leave him with the impression executive privilege had been invoked, according to the reports.

Ex-White House adviser Steve Bannon was convicted earlier this year of two counts of contempt of Congress for evading the House Jan. 6 committee. He was sentenced to four months in prison but has not yet served that time after a judge said he could remain free pending appeal.

Jury selection in Navarro’s trial is set to begin Sept. 5.