Navarro is the second high-ranking Trump official to be convicted of contempt of Congress after former Trump adviser Stephen K. Bannon’s conviction last summer.
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As with Bannon, Navarro’s best hope for an acquittal was to argue that he was barred from obeying the subpoena because Trump, after leaving office, invoked executive privilege in conversations with him. The privilege is meant to protect the privacy of discussions between presidents and their close aides. But Mehta prohibited the argument as a trial defense for Navarro, citing scant evidence that such conversations took place.
Because prosecutors were spared a trial fight over the validity of Trump’s purported assertion of executive privilege, they had to prove only that Navarro received the subpoena, that the information it sought was pertinent to the committee’s investigation, and that Navarro willfully failed to comply with its demands for testimony and documents.
According to Navarro, his job was to supply Trump-friendly lawmakers with volumes of “evidence” regarding voter fraud, to justify the challenges, while Bannon’s role was to whip support for the plan among Republicans in Congress. The two called their strategy “the Green Bay Sweep,” a football reference to an end-run play made famous in the 1950s by coach Vince Lombardi’s Green Bay Packers., who was presiding over the joint session, to return the electoral votes to the states for reexamination.
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