Navarro Draft Lawsuit by Daily Kos on Scribd
In February, the subpoena from the Jan. 6 committee specifically demanded that the former trade adviser to Trump discuss his alleged efforts with Steve Bannon, Trump’s crony and short-lived adviser, to pull off a nuanced strategy to overturn the 2020 election.
They fondly called that strategy the “Green Bay Sweep.”
Navarro discussed this ploy in his memoir at length and much of the strategy rested on the (ultimately bunk) legal theory that Mike Pence, then the vice president, had the constitutional authority to reject electors when Congress met for a joint session on Jan. 6. Pence did not. Under law, his role was largely perfunctory.
In his memoir Navarro pegged Pence as the “quarterback,” however, in a plan that would delay certification of the election for weeks while Trump, his allies in Congress, and friendly officials from various key battleground states would investigate so-called election fraud.
Multiple rigorous audits and a review by the Justice Department, including while the department was under the purview of Trump’s pick for attorney general, Bill Barr, have failed to turn up any proof of widespread fraud.
RELATED STORY: Navarro won’t talk to Jan. 6 probe, but another White House official will
Navarro’s obstruction in the Jan. 6 probe earned him a contempt of Congress referral from the House to the Department of Justice this April. He was held in criminal contempt alongside Trump aide Dan Scavino.
Though Navarro says the grand jury subpoena he received this week is tied to the criminal contempt referral, as Politico noted first late Monday night, that would seem slightly bizarre:
But it would be unusual if a grand jury subpoena were related to his potential contempt case, since he would likely be the target of such a probe and less likely to be asked for testimony.
Navarro is not the first Trump ally to reportedly receive a grand jury subpoena. The right-wing conspiracy theorist and leader of the Stop the Steal movement, Ali Alexander, said in April that he received a summons from the Justice Department.
Alexander claimed prosecutors were focused heavily on those who organized the rally at the Ellipse on Jan. 6.
It is unclear where the Department of Justice stands in terms of charging Navarro with contempt.
It took the department just a few weeks to drop the hammer on Bannon after the House advanced a criminal contempt of Congress referral. Bannon now awaits trial. That is expected to get underway in July.
Navarro’s contempt referral has stagnated at the Department of Justice now for just over a month.
Another criminal contempt of Congress referral, this one for Trump’s former chief of staff, Mark Meadows, has been frozen in place since December.
President Joe Biden has waived Trump’s claim of executive privilege over various materials tied to Jan. 6, finding that those disclosures could be vastly important to the public interest.
Trump made multiple attempts to stop the transfer of his presidential records related to Jan. 6 but to no avail. The Supreme Court ruled against him on Jan. 19.
RELATED STORY: Trump loses again as Supreme Court clears the way for Jan. 6 committee to receive records
Navarro could not be reached for comment Tuesday but in the draft lawsuit, he is adamant that Biden does not have the authority to overrule Trump when it comes to executive privilege over these records.
“If, in this case, the committee and Joe Biden are able to effectively establish the principle that an incumbent can strip his predecessor of both executive privilege and testimonial immunity, just imagine what will happen to Joe Biden and his advisers if Republicans win the White House and House in 2024,” Navarro wrote in the 88-page lawsuit. “In fact, I don’t need to imagine this repeat of the strategic game. If I’m not dead or in prison, I will lead the charge.”
Comments are closed on this story.