Told you the DOJ wasn't sitting on their hands

[bigtree]

...well, maybe not you.

Friday, June 3, 2022

Peter Navarro Indicted for Contempt of Congress
Two Charges Filed for Defaulting on House Subpoena From Select Committee Investigating Jan. 6 Capitol Breach

WASHINGTON – Former White House advisor Peter K. Navarro has been indicted by a federal grand jury on two counts of contempt of Congress stemming from his failure to comply with a subpoena issued by the House Select Committee investigating the Jan. 6 breach of the United States Capitol.

Navarro, 72, is charged with one contempt count involving his refusal to appear for a deposition and another involving his refusal to produce documents, despite a subpoena from the House Select Committee to Investigate the January 6th Attack on the United States Capitol. The indictment was returned yesterday and unsealed today. Navarro is to make his initial appearance this afternoon in the U.S. District Court for the District of Columbia.

The announcement was made by U.S. Attorney Matthew M. Graves of the District of Columbia and Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office.

As detailed in the indictment, on Feb. 9, 2022, the Select Committee issued a subpoena to Navarro. The subpoena required him to appear and produce documents to the Select Committee on Feb. 23, 2022, and to appear for a deposition before the Select Committee on March 2, 2022. According to the indictment, Navarro refused to appear to give testimony as required by subpoena and refused to produce documents in compliance with a subpoena.

In its subpoena, the Select Committee said it had reason to believe that Navarro had information relevant to its investigation. Navarro, formerly an advisor to the President on various trade and manufacturing policies, has been a private citizen since departing the White House on Jan. 20, 2021.

Each count of contempt of Congress carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of up to $100,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The case is being investigated by the FBI’s Washington Field Office. The case is being prosecuted by the Fraud, Public Corruption, and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia.

https://www.justice.gov/usao-dc/pr/peter-navarro-indicted-contempt-congress

https://www.justice.gov/usao-dc/press-release/file/1510231/download

Link to tweet

[EYESORE 9001]

1. When the repuQs are conducting an inquisition, we're inundated with minutiae

A real investigation holds its cards closer to the vest.

[czarjak]

2. Stand strong Peter, he says he has your back. Promise!

[Ohio Joe]

4. ...

Heh... Too funny

[Kingofalldems]

3. The 'Trump alawys wins' crew not liking this one.

[SoonerPride]

16. 30 days in jail is not a major charge

This is at best a nuisance case because he didn't appear before congress.

[Kingofalldems]

20. Yeah so?

He's in custody.

[RussBLib]

29. and 2 charges make it 60 days

minimum

I think I can hear a pig squealing somewhere in the distance

[WarGamer]

31. No, minimum is zero days and maybe a fine.

[bigtree]

32. from the DOJ

Each count of contempt of Congress carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of up to $100,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

https://www.justice.gov/usao-dc/pr/peter-navarro-indicted-contempt-congress

...he's charged with two counts. That means a minimum of 60 days in prison.

[WarGamer]

33. I see... Federal misdmeanor

Doesn't matter though, the usual things these people do is stretch it out as long as possible and then produce the documents... charges dropped.

That's what Bannon is doing.

[bigtree]

34. the documents include conversations between him and Trump about Jan. 6

...which they've spent months trying to conceal with several courts denying their claims of executive privilege.

This is a process clearly designed to ensnare Trump, among others involved.

Link to tweet

also, from today:

(CNN) Several close allies of Steve Bannon have been subpoenaed to testify before a New York state grand jury investigating his fundraising for a private border wall effort, people familiar with the investigation tell CNN.

The subpoenas were sent to several witnesses in recent weeks, requiring them to appear and provide testimony for the Manhattan district attorney's probe, the people said. Among those who received subpoenas are people in Bannon's "immediate circle," according to one of the sources familiar with the matter.

The subpoenas are the clearest indication that the Manhattan district attorney's criminal investigation into Bannon's fundraising efforts is intensifying and could lead to possible charges against former President Donald Trump's onetime adviser.

https://www.cnn.com/2022/06/03/politics/steve-bannon-new-york-grand-jury-build-the-wall/index.html

Link to tweet

[Kingofalldems]

35. Right on time.

[Kingofalldems]

36. Thanks. I hate when people try to spread disinfo on DU.

[bigtree]

37. I can accept that it may be learned behavior

...disinfo works because it gets repeated by people not in on the con.

[Tom Rinaldo]

5. Not sitting on their hands, but HOW much they are doing remains to be seen

This Navarro indictment is a distinct event triggered by a formal referral from the House of Representatives. It's true DOJ could have punted and they didn't, but they couldn't simply ignore it. Very good news indeed in so far as it goes, and much more could still be being kept under wraps, we still can only speculate.

[bigtree]

8. I'd guess they're lighting the fire to gain cooperation from Navarro

...on other investigations.

This has to be viewed in the context of the others he's been describing as co-conspirators in the plot to overturn election results, something the Jan. 6 committee has in their crosshairs, including, of course Trump.

Also, you have to appreciate who they chose, out of several people obstructing the committee, to bring the hammer down on. It's classic prosecutor tactics, working up the chain. This link very close to the top.

[Tetrachloride]

6. DOJ is pulling their punches.

[brer cat]

11. What? Arresting him is "pulling their punches?"

[panader0]

7. So the indictment was for failure to appear for the J-6 committee and not the Grand Jury?

But Navarro insists that the J-6 committee is not legitimate. I saw him blab on Ari yesterday.
I just wonder why the indictment is only for failure to appear at J-6 but not Grand Jury. Wasn't
yesterday his final day to appear at the GJ?

[Bev54]

10. He did not say he would fail to respond to the DOJ subpoena

He was being coy but sounded like he knows how serious it is. I think he was bullshitting his way dodging the DOJ with BS and so they are going after him now on the congressional subpoena with a threat of jail, to nudge him into cooperating. I do believe the subpoena is for documents, not sure if it required his testimony.

[Hotler]

9. Yeah, a win, and a win on a Friday. Is it to early to start drinking?

[mucifer]

13. yup wait and see. Lots of times stuff happens at the end of the day or in the evening

[C_U_L8R]

12. Curious. Why indict him before the others?

Perhaps they think he's the one most likely to flip?
He sure was unhinged last night on Ari's show.

[Bettie]

14. I'm starting to have a tiny bit of hope

but I'm not going to hold my breath either.

Too many times of thinking people would be held accountable ending with nothing.

Am I happy he's sitting in jail? YES. Do I hope that it will go farther? YES.

[SoonerPride]

15. We were lead to believe Navarro's indictment was bigger than dodging the Congressional hearing

This is a minor charge.

[BlackSkimmer]

17. Agree Wake me up when they get a little closer to tfg.

And not using these silly minor charges, which really mean nothing.

[SoonerPride]

18. I mean, yes, I am happy to see him in jail.

Lock up all those who have failed to show up when subpoenaed.

Lock up Bannon et al.

However, this isn't related to 1/6 or conspiracy to overthrow the government or anything substantial.

[Ohio Joe]

19. "They can and will ignore subpoenas with no repercussions."

https://upload.democraticunderground.com/100216520742#post3

1/6 committee subpoenas are not related to 1/6? Interesting take. Seems to me they are very related. The biggest part of this though is that DOJ will be getting their hands on is documents per Marcy Wheeler:

https://www.democraticunderground.com/100216759646

[SoonerPride]

22. 30 days in jail. Maybe.

So “no repercussions” was perhaps too pessimistic.

Minor repercussions.

And the DOJ could have and probably does have all the communications and data. They don’t need the suspects to hand it over. They have data collection sources already.

If anyone thinks the DOJ is powerless to obtain phone records is naive.

Whether they do anything with that information is another question

[Ohio Joe]

24. It's for ALL records of communication...

Text, phone, email... Everything. And no, they are not powerless to get them... It's called a subpoena... And now it will be complied with if he likes it or not.

"Whether they do anything with that information is another question"

Yes... They want them to do nothing with them

I wonder where the goal posts will end up in the next movement.

[BlackSkimmer]

21. Exactly.

I really don't have a lot of hope at this point.

I'd be thrilled to be proved wrong.

[hamsterjill]

27. Yea, what's different than Bannon?

I’ve been out of the loop completely but wasn’t Bannon indicted back in November? Why is this any different?

https://www.justice.gov/opa/pr/stephen-k-bannon-indicted-contempt-congress

Catch me up if you will, please.

[BlackSkimmer]

28. Ha, I wish I could catch you up, but I've lost hope in this whole thing.

Again, I'd be happy to be proven wrong.

But I see nothing coming out of this. I find it depressing.

[hamsterjill]

30. Yeah I don't see it as any different than Bamnon

And he’s still walking around free as a bird. Like you, I’d love to be wrong!

[BlackSkimmer]

38. And I just saw on another thread that he's already out.

Yes, free as a bird, as you said.

Thinking this OP didn't go as planned.

[hamsterjill]

47. I do not understand the purpose.

Of getting hopes up only to have them dashed yet again. That seems to be rampant on DU these days.

Yes, I anxiously await the January 6th televised hearings. But I’ll get excited when Merrick Garland either resigns and let’s someone with some balls do something, or else announces that he is indicting someone other than small fries.

[bigtree]

25. you should have learned something from this

...other than cynicism.

Investigations and prosecutions take time, and work their way up to other cupability, either for the immediate target, or for co-conspirators.

Nothing about this indictment and arrest precludes future prosecution or further indictments. Moreover, the target in this is clearly about obtaining the incriminating documents containing communications with Trump about Jan.6 which the committee was stonewalled with claims of executive privilege.

I have no idea who is 'leading' you to believe this arrest and indictment is either the totality of the case, or inconsequential.

[BlackSkimmer]

26. Lol.

We will see, soon enough.

[madinmaryland]

23. He needs to be "Susan McDougled". nt.

[BlackSkimmer]

39. Dude, he's already out and spouting his nonsense.

Good lord.

[bigtree]

40. and you think that's a bad thing that he's talking in public

...you're really bad at this.

Link to tweet

emptywheel @emptywheel 4h
Faruqui [no doubt thinking of Navarro's upcoming media appearances]: Every time you speak, you could be putting yourself at risk. Please don't miss forest for the trees.

[BlackSkimmer]

41. I'm really bad at what?

[bigtree]

42. at dragging the DOJ

...they get the documents, and Navarro will still stand trial on the charges.

He has until then to decide if protecting Trump is worth the time in jail. Otherwise, he can and will be charged again, first one up is his refusal to obey the grand jury subpoena.

After that, as the judge suggested today (you really should have paid more attention), more charges are likely coming, especially after they get a look at the documents that are are at the heart of this arrest which include his communications with Trump and others in the conspiracy to overturn the results of the presidential election, the plot he described in his appearance on Ari Melber.

Even the laughing emoji could have told you this.

[BlackSkimmer]

43. And they're letting Meadows skate.

Ok, dude. Glad you see this as a good thing.

What a joke this whole thing is becoming. Tell us now how Meadows is free and clear...ok hon? Tell me. This isn't working out the way you thought, is it?

Oh darn, I need to brush up on my emoji knowledge lol. Navarro is out, and Meadows is skating. Wowza that you think this is any way a good thing.

[bigtree]

45. Meadows is more than likely cooperating with the DOJ

...that's what the threat or the indictment on these lesser charges is designed for.

Remember that Meadows negotiated with the J6 committee, Navarro stonewalled. This interestingly timed revelation should make Navarro think twice about refusing to implicate Trump, if he wants to avoid prison.

Moreover, Meadows is on the hook for much more than contempt of Congress and nothing precludes them from charging him later based on his 2,319 text messages to Trump before and after January 6.

There's also the issue of Executive privilege in his case which the SC has already ruled on, a privilege which the SC extended to Meadows, but not Navarro.

NYT:

"The decision not to charge Mr. Meadows and Mr. Scavino indicates that there are limits to that approach, particularly when it comes to top White House officials who could more plausibly argue that their communications with the president were privileged."

"Both Mr. Meadows and Mr. Scavino — who were deeply involved in the effort to overturn the 2020 election — engaged in weeks of negotiations with the committee’s lawyers, and Mr. Meadows turned over more than 9,000 documents to the panel, before the House voted to charge them with contempt."
https://www.nytimes.com/2022/06/03/us/politics/peter-navarro-contempt-jan-6.html

...so, you're already taking a victory lap over the Meadows news based on the least of charges he's facing- contempt for stonewalling Congress over documents carrying the burden of overcoming the executive privilege claims already backed by the SC. But no one involved is immune from future prosecutions.

Navarro still has a court date. Bannon still has a court date. And Meadows is still in deep shit.

But you do you.

[NewsCenter28]

48. Why, then bigtree, pray tell

Did the Jan 6th committee tweet it's displeasure at this news? Shouldn't they be happy if what you say is accurate? Also, why should I trust you over them?

[bigtree]

50. the Jan 6 committe did express their displeasure at the report

...but they also said they didn't know what the Justice Dept. is doing and asked for clarification.

January 6th Committee @January6thCmte 2h
Mr. Meadows and Mr. Scavino unquestionably have relevant knowledge about President Trump’s role in the efforts to overturn the 2020 election and the events of January 6th. We hope the Justice Department provides greater clarity on this matter.

It's entirely possible DOJ just isn't telling the committee what they're doing or if Meadows is cooperating. They really have no reason to, as the two entities aren't coordinating their investigations at all even though they may share some information.

Btw, if Congress is so concerned with the contempt of their subpoenas, why isn't the committee invoking inherent contempt and holding Meadows accountable, themselves? Seems absurd to be crying to DOJ for something they can pursue themselves, but for whatever obstacles they perceive they can't overcome.

I'll take a stab at it. DOJ is about proving a crime they can defend in court; Congress is about informing us, as they intend to do this month in hearings. One has an obligation to actually succeed in court, the other has the obligation to tell us what happened.

And look, I don't know what is gained by assuming Meadows is out of trouble. It makes no more sense to me than it does anyone anguishing over the secondhand report that they won't be prosecuting Meadows for contempt. As I said above, there are claims of privilege which the committee may not believe valid, but the DOJ may have another view of the prospect for conviction on that lesser charge.

Besides, I'm really not concerned as much over Meadows, because that reporting didn't say he was absolved of more consequential crimes than contempt of Congress that are clearly evident. It just means to me that they're not making progress on getting whatever communications there are between the former chief of staff and then-President Trump; having difficulty overcoming their claims of privilege.

This op is about Navarro, and his unsuccessful claims of privileged conversations with Trump contained in the documents he's been arrested for withholding from Congress. There's nothing in that prosecution which absolves Meadow's involvement in any of the plotting Navarro has openly described in public statements.

There's nothing in the reported decision to decline to prosecute Meadows for contempt of Congress which protects him from any other investigations or prosecutions. It's basically a canard to point to that report and then conclude that nothing is going to happen, or that Navarro's arrest is inconsequential to the investigation or prosecution of Trump's involvement in it all. That's what the poster is insinuating without any evidence.

No one knows what kind of legal jeopardy Meadows faces, because the DOJ hasn't told us. All they've said is that Meadows and Scavino aren't in the same boat as Navarro. You don't get to the jeopardy Navarro is facing by pointing to the pocket full of nothing we actually know about Meadows's jeopardy. You just can't, and it's just silly to argue all of that, as this poster insists.

BTW, believe what you want, but everything I've written here can be easily found with the same effort I've made in looking at the various reports and matching those with what the actual officials in charge at DOJ are willing to say, which isn't much.

I do think that coming at me with cynicism and apathy alone isn't much of a retort to how I view developments and how I believe the DOJ is proceeding. They're obviously engaged in finding out what occurred on and about Jan. 6, and have said repeatedly that they intend to follow the trail wherever it leads.

How they make that happen is the dominion of very smart people who care about prosecuting these crimes as much as anyone here. They're actually doing the work, not just sitting back and clucking tongues and posting laughing emojis.

Who to believe in that exchange should be obvious.

[uponit7771]

52. Right, Hunter Biden's laptop and Sussan trial are REALLY good use of DOJ resources but ...

... lets not "drag" the DOJ for bullshit they're doing in plane sight.

Fuck that, Navarro is out on a traffic ticket charge and folk are gloating like DOJ has done some shit.

We'll see, DOJ has 4 months to arrest key members (not traffic ticket arrest ether) of this overt, in our face and anti democracy crew before the 90 day black out period begins.

[bigtree]

53. you're mostly right

...the contempt charges for any of the perps is chicken feed, on their own.

But there's no reason to drag the DOJ for moving forward on Navarro because his arrest comes with the documents he's withheld that include communications with Trump, Meadows, and others in the plot to overturn the results of the election, as well as communications surrounding the Jan. 6 insurrection. That's the target of this prosecution.

Navarro spent months flailing around in courts trying to keep documents from the committee claiming they were privileged. He lost all of those court battles and got himself indicted and arrested. Now the DOJ can finally have access to obviously incriminating communications between him and the former president. That's the point of the arrest. Just that simple.

True that he's out on a lesser charge, although facing up to two years without early release in a federal prison. But that won't stop the DOJ from bringing charges on whatever they find in the material he was keeping hidden. That is basically how the Jan. 6 committee was proceeding. Get the documents and show culpability. Done and done.

Meadows isn't off the hook either, just because they didn't arrest him on a chicken feed charge. The explanation is right there for anyone to see. Congress couldn't compel the release of what he communicated with then-Pres. Trump because the OLC statue (no matter what the committee is now arguing) shields those discussions.

The two men have different situations regarding privilege. As written, executive privilege applies to "senior advisers" or "immediate advisers." Navarro is a trade adviser, and not covered by the statute, at least as far as DOJ and courts have ruled.

It's an uphill battle with Meadows, facing a result in court that the DOJ must feel is fruitless, not worth losing that fight, especially if they don't think they need the documents to proceed with their investigation which would be the entire point of a contempt prosecution, not just arresting Meadows on a chicken feed charge.

The point is that this is clearly an active DOJ investigation which is reaching into the Oval Office for accountability. Whether someone thinks it's moving fast enough for them, or hasn't ensnared Trump yet doesn't change that fact.

This indictment and arrest has accomplished what Congress failed to do when they punted their responsibility to the DOJ, refused to employ inherent contempt and squeeze the perps themselves. It loosened incriminating evidence from Navarro which should directly incriminate Trump in the plot to overturn the election - Navarro's part involving coercing Pence to refuse to certify election results.

That's not chicken feed, it's the meat of the prosecution.


(Btw, Durham is a special prosecutor, appointed under statute by Trump, with his own budget. He's not part of DOJ's efforts in this investigation. Completely separate.)

...and you may have missed this in the court proceeding yesterday:

emptywheel @emptywheel
(Judge) Faruqui raises possibility that DOJ would want to charge further charges.

[Just_Vote_Dem]

54. Thank you for a very reasoned and informative post n/t

[uponit7771]

51. +1,

[BlackSkimmer]

44. Letting Meadows skate.

Lmao.

Can't believe you think this is good.

[bigtree]

46. the more you say about this

...the more you reveal how little you're saying about it all.

Could be that you don't know. Could also be that you don't care to know.

But thanks for the opportunity to flesh out all of the 'garland sucks' innuendo.

It's been real.

[BlackSkimmer]

55. Hmm, don't think I've said that in a single post. Ever.

But if you like to accuse people of things they've not done, that's all up to you.

I like Garland, and I think he should be on the Supreme Court. Damn shame that didn't happen.

[BootinUp]

49. Hey Navarro! dRumpf WILL NOT be reinstated, just btw nt