“As we each know, the proceedings of matters makes things precise pointed,” Hulser said. “If determination is immoderate anticipation that a idiosyncratic tin beryllium convinced by the pressing quality of a transgression proceedings to say, ‘OK, I volition spell and I volition reply questions. I volition supply documents,’ we would similar to beryllium a catalyst.”
Hulser added that specified practice wouldn’t negate the transgression charges against Navarro.
But U.S. District Court Judge Amit Mehta bristled astatine the proposition that transgression proceedings could beryllium a instrumentality to assistance the prime committee’s investigation.
“I don’t privation these proceedings to beryllium a lever successful the mode the U.S. attorneys suggested it mightiness be,” Mehta said.
Navarro was indicted earlier this twelvemonth for refusing to comply with a prime committee subpoena for documents and grounds related to his engagement with efforts to assistance Donald Trump subvert the results of the 2020 election. The sheet wants to interrogation him astir his engagement successful strategizing with Republican members of Congress to lodge challenges to the electoral votes of galore states won by Joe Biden. Navarro claimed helium couldn’t attest due to the fact that his conversations with Trump were taxable to enforcement privilege — a imaginable the House rejected erstwhile it voted to clasp him successful contempt of Congress successful the spring.
DOJ’s proposition that the contempt proceedings could beryllium a instrumentality to coerce Navarro’s grounds to the prime committee was unusual. Typically, Congress has viewed transgression contempt referrals arsenic purely “punitive” — meant to punish those who defy its will, not to yet get their grounds oregon records. When lawmakers privation to coerce grounds from a recalcitrant witness, they’ve traditionally filed a civilian lawsuit.
Prosecutors person already secured the condemnation for different witnesser who refused to attest to the Jan. 6 committee: Steve Bannon. A assemblage recovered the erstwhile Trump adjutant blameworthy successful July, and U.S. District Court Judge Carl Nichols precocious sentenced Bannon to 4 months successful prison. Bannon is appealing his condemnation and Nichols agreed to hold his condemnation portion his entreaty is pending.
Mehta yet rejected the government’s projected timeframe for Navarro’s proceedings and acceptable proceedings to statesman Jan. 11, a week aft the committee’s authorization is acceptable to expire.
Navarro’s attorneys person urged the Justice Department and the prime committee to interaction Trump and spot whether helium would waive immoderate assertion of enforcement privilege successful bid to sidestep immoderate questions astir his quality to testify.
Bannon secured a akin waiver from Trump connected the eve of his trial, which prosecutors astatine the clip suggested arsenic an underhanded effort to derail the transgression lawsuit against him conscionable earlier it went to a jury.