President Joe Biden will deny executive privilege for two top aides to former President Donald Trump in the House select committee's investigation of the Jan. 6, 2021, storming of the Capitol, Axios reported.
White House counsel Jonathan C. Su sent letters Monday to former national security adviser Michael Flynn's attorney and directly to former White House trade adviser Peter Navarro to inform them that Biden would not invoke the privilege on their behalf.
''To the extent any privileges could apply to Gen. Flynn's conversations with the former president or White House staff after the conclusion of his tenure, President Biden has determined that an assertion of executive privilege is not in the national interest, and therefore is not justified, with respect to particular subjects within the purview of the Select Committee,'' Su wrote to Flynn's attorney David A Warrington.
''These subjects include: events within the White House on or about Jan. 6, 2021; attempts to use the Department of Justice to advance a false narrative that the 2020 election was tainted by widespread fraud; and other efforts to alter election results or obstruct the transfer of power,'' Su wrote to Navarro.
The decision will likely force Flynn and Navarro to decide between cooperating with the panel or potentially facing criminal charges from the Department of Justice.
While Navarro has already vowed not to comply and take his case to the Supreme Court, Flynn's attorney said his client has not asserted executive privilege or refused to appear for a deposition by the committee, according to the outlet.
''At no time has our client refused to appear for a deposition,'' a letter from Flynn's lawyer to the White House, obtained by Axios, read. ''At no time has anyone requested agency counsel to be present at any deposition.''
Biden previously waived executive privilege claims for former White House chief of staff Mark Meadows and chief strategist Steve Bannon in October, Politico reported at the time.
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