Former Trump Trade Adviser Peter Navarro Faces Jail Time and Fine for Defying Jan. 6 Committee Subpoena

Prosecutors Call for Jail Time and Fine

Federal prosecutors are recommending a six-month jail sentence and a $200,000 fine for Peter Navarro, a former trade adviser to Donald Trump, over his refusal to comply with a subpoena from the House Jan. 6 select committee. Assistant U.S. Attorney Elizabeth Aloi argues that Navarro’s defiance of the subpoena demonstrated allegiance to Trump over the rule of law. Navarro was convicted in September on two misdemeanor contempt of Congress charges.

Allegiance to Trump Over Rule of Law

In a 20-page sentencing memo, Aloi contends that Navarro prioritized loyalty to Trump over the rule of law. She accuses him of choosing political interests over cooperation with the Jan. 6 committee’s investigation into the Capitol riot and Trump’s efforts to undermine the 2020 election. Navarro’s refusal to aid the committee and his unsubstantiated claims of executive privilege demonstrate a disregard for Congressional authority, according to the prosecutor.

Navarro’s Controversial Role in Jan. 6 Events

Navarro’s role in formulating a strategy, known as “The Green Bay Sweep,” to delay Congress’ counting of electoral votes on Jan. 6 is a focal point of the committee’s investigation. The strategy aimed to support Trump’s attempts to subvert the 2020 election results. The Jan. 6 committee subpoenaed Navarro to discuss these efforts, but he declined, citing executive privilege. The committee held Navarro in contempt in April 2022.

Complex Legal Issues Surrounding Executive Privilege

Navarro’s sentencing memo delves into the complex legal issues surrounding executive privilege and immunity for presidential advisers. It emphasizes the challenges posed by legal precedents and ambiguities in the law. Navarro’s defense team contends that he should receive a lenient sentence due to the intricacies of executive privilege law and the court’s acknowledgment of open questions on the matter.

Antiquated Precedent Limits Defense

Navarro’s defense was hindered by a 1961 legal precedent related to a Detroit mobster who defied a congressional subpoena. The precedent established strict rules for complying with congressional subpoenas. His attorneys argue that the limitations imposed by this antiquated precedent should be considered when determining the appropriate sentence. They recommend no more than six months of probation per count and a minimal fine.

Potential Impact on Trump Allies

Navarro would be the second former Trump aide sentenced for defying the Jan. 6 committee, following Steve Bannon. The prosecution of individuals who defy committee subpoenas highlights the ongoing tension between Trump loyalists and the committee investigating the Capitol riot. The sentencing, scheduled for next week, may have implications for others facing contempt charges related to the committee’s probe.