Former Trump advisor Peter Navarro has just entered DC federal court for his sentencing in Contempt of Congress case
Feds will seek 6 months prison for Navarro, who was convicted by jury of defying the House Jan 6 Select Committee
Judge Amit Mehta opens this sentencing hearing. Navarro, in bright red tie, stands next to defense table as his team of attorneys begin making an argument about sentencing guidelines
Defense: "It's unquestionable the court need not apply the mandatory minimum" of 30 days jail in this federal criminal case
(This hearing begins with procedural matters and guidelines discussions)
After a (somewhat) lengthy series of arguments about guidelines and other procedural matters, the court rules as expected: Guidelines in this case are ZERO to SIX MONTHS PRISON for Navarro
Judge Mehta says the 30 day mandatory minimum *will* apply in Navarro's case
Arguments from each side will begin shortly about what sentence they believe is appropriate
So the guidelines range in Navarro's case is now ONE-TO-SIX MONTHS prison
Justice Dept begins its argument by blasting claims that the prosecution is a case of "political bias"
"This prosecution was not .. partisan politics. It was a righteous prosecution"
Justice Dept: "A jury of his peers found him guilty"
Justice Dept: Navarro "stands convicted of a serious crime"
Prosecutor John Crabb explains the importance of the House Jan 6 Select Cmte... then says "Before he knew what documents they wanted.. what questions they wanted to ask him, the defendant invoked 'executive privilege"
Crabb says Navarro "believes he's above the law"
Prosecutor leans into argument that the "rule of law" is vital to democracy
"The committee was investigating an attack on the very foundations of our democracy"... "there can be no more serious" investigation by Congress
Prosecutor says it was not "reasonable" for Navarro to have believed he had executive privilege to invoke, in defiance of the Congressional probe of Jan 6
Prosecutor says "even if the defendant had some good faith basis that he had executive privilege...... he didn't behave in that fashion.... He didn't appear for the deposition as required and invoke privilege.. he just thumbed his nose at the committee"
Prosecutor again references how Navarro was convicted by "jury of his peers"
He then points to Navarro fundraising email in which Navarro claims "Pelosi" and "Biden" were behind the prosecution.. and in which Navarro referred to a "kangaroo court"
Peter Navarro WILL NOT speak at this sentencing. Per defense
Navarro and Bannon made voluminous statements outside court to media during their Contempt of Congress cases.
But when push came to shove: Neither wanted to talk *in* the courtroom
Defense talks through Navarro's biography. "He's a prolific publisher"..... "one of his texts drew the attention of Donald Trump" Judge says he has great respect for Navarro's accomplishments, which is why he's disappointed by Navarro's criminal conduct
As he argues just now, Navarro's defense attorney Stanley Woodward refers to Trump as the "former President"
A contrast from Trump's defense lawyers who argue here in DC federal court. They continue to refer to him as "President Trump"
Judge interjects in defense argument and says Mark Meadows "produced documents" ... "he did something" to help the committee. Judge is contrasting Meadows and Navarro's conduct
Judge about Navarro: "He knows better. He has a PhD from Harvard"
Defense: "Our politics are divisive right now. We're seeing that in every poll... and every primary. There have only been two. We don't have to punish Dr. Navarro because of that. Punishing Dr. Navarro won't fix or change that"
Defense: "Dr. Navarro wants to talk to you about who he is as a person. But he's not doing so, at our advice"
Defense says the case has a long way to go (referencing appeals)
Defense: "He need not be punished to prove a point"
Defense will argue for Navarro's release from custody (pause in any prison sentence) through the appeals process.
Not unexpected
Steve Bannon remains on release, during his appeal of conviction for Contempt of Congress
Defense says Navarro "played an instrumental role" in the travel ban that was authorized during COVID pandemic
Attorney says Navarro assisted in plans for building facilities for COVID masks... and helped expedite antibody treatments
Defense says Navarro "risked his life" during COVID, by working in the White House "every day"
Peter Navarro walks to the podium and thanks his attorneys. He thanks the judge and the judge's clerk by name. "I'm up here.... they (attorneys) don't want me up here"
And by surprise.. he's going to speak
Standby
Navarro: "When I received that Congressional subpoena... I had an honest belief the privilege had been invoked"
"Nobody in my position should be put in conflict between the legislative branch and the executive branch"
Navarro to judge: "You have provided a roadmap.. to any future senior White House advisor facing a similar circumstance... I'm not only the first ever charged with this. I'm the last"
"I didn't know what to do, sir"
Navarro is arguing the House Jan 6 Select Committee needed to call Trump to discuss executive privilege issues.... he's throwing the burden back to the House panel
Navarro: "I'm disappointed with a process that a jury convicted me.. and I couldn't present a defense"
(he's referring to limits on his defense about privilege claims)
Judge Mehta interjects: "You were not foreclosed from presenting a (defense) because of me..." but because of the law
Navarro responds: All that was needed in this case was a phone call (by House Committee to Trump)
Navarro's lawyer opened his argument saying Navarro would NOT speak
Navarro is defying his lawyer advice.... talking to the judge about his well-worn arguments about privilege
Navarro says "I don't want to bring politics in.... but the minute that violence erupted on Capitol Hill was one of the worst (days) of my life"
"It was an end to rational discussion of the Electoral Count Act..."
Navarro to Judge Mehta: "Do you have any questions for me?
Judge Mehta: "I don't, Mr. Bannon. I mean, Mr. Navarro"
Judge Mehta orders TEN MINUTE RECESS. Then we'll learn Navarro's sentence in Contempt of Congress case
Judge Mehta returns... and begins by recounting Navarro's biography. Judge: "Dr. Navarro I do think the country owes a debt of gratitude to you, for your work on Coronavirus"
Judge Mehta emphasizes that he believes this case is "serious"
Judge says there are parallels between Bannon & Navarro's cases. (Bannon got 2 months prison)
But judge says Navarro's claim of "executive privilege" had "more credibility" than Bannon's argument
And judge cites Bannon's prior criminal conviction (for which Trump pardoned him)
Judge references Navarro's "Green Bay sweep" -- to have members of Congress challenge the results of the 2020 election and scrap electoral votes from some states
Judge: "This case wasn't about (January 6), but it's important because that's the subject matter of the Committee"
CORRECTION:
Bannon was sentenced to four months prison in his case in 2022
Thanks @brandi_buchman for catching that
* (four months for Bannon)
Judge references how Navarro referred to the House Jan 6 Select Committee as a "kangaroo committee"
Judge blasts Navarro's claim of suffering from a "two-tiered system of justice".... as Navarro has four defense lawyers around the table.
Judge says there might be a two-tiered system of justice... but "this isn't it"
Judge to Navarro: "I believe you thought you had a duty to invoke.. privilege. I take you at your word that this is what you were supposed to do.. But it's not a legal defense"
Judge says "it's a mitigating" factor that the House Cmte didn't reach out to Trump about privilege
Navarro, who suffers from back pain (per his statement to court) is standing and leaning against the wall as Judge details rationale for sentencing
Navarro stood during his trial too
Judge to Navarro: "You're more than happy to talk to the press about what you did.. but not go up to the Hill to talk to Congress"
Judge to Navarro about Navarro's statement in court today:
I have difficulty believe "you didn't know how this works".. you had Steve Bannon and his example. He'd been indicted two months before you got that subpoena. We checked"
Judge to Navarro: You knew the consequences. "But you didn't learn that lesson"
Judge: The words "executive privilege" are not magical dust.... it's not a get out of jail free card
Judge Mehta echoes Judge Tanya Chutkan's use of phrase "get out of jail free card"
(Chutkan was referring to Trump's claim of "presidential immunity)
Judge: "Even today, there's little acknowledgment of your responsibility as an American. Cooperate with Congress"
Judge: "They had a job to do and you made it harder."
Judge to Navarro about his trial: "It wasn't a kangaroo court and the public can see that"
Judge says, after all this time, Navarro wants the court to believe this is a "political prosecution.... when the evidence is completely to the contrary"
Judge: Mark Meadows wasn't charged
"That doesn't sound like a" politically-motivated Department of Justice
"Mr. Navarro, you're not a victim.. you're not the object of a political prosecution"
Judge to Peter Navarro: "These are circumstances of your own making"
FLASH: Judge Amit Mehta sentences Peter Navarro to *FOUR MONTHS* prison in Contempt of Congress case
Same sentence given to Steve Bannon
Judge also adds a $9500 fine
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NEW: Jan 6 defendant Jay Johnston, former "Bob's Burgers" actor, asks for leniency at sentencing Monday
Defense says feds "persistently overstated Johnston’s participation at the Capitol..because he is an acclaimed Hollywood actor. government is using his status to make a point to the public"
(MORE)
MORE: Some interesting phrasing in Jan 6 defendant Jay Johnston's defense memo to court
"..Amid the chaos, Mr. Johnston soon found himself by the Tunnel leading into the Capitol Building on the Lower West Terrace.."
Defense: "Mr. Johnston found great success in Hollywood as an actor, writer, and producer including accolades for his role as the voice actor for Jimmy Pesto, Sr. in the animated series 'Bob’s Burgers' and as Officer Taylor in 'Arrested Development"
NOTE One of the plaintiffs, Yusef Salaam, attended the Sept 10 debate venue in-person The suit alleges Salaam and Trump had this exchange after the debate
ALERT: Judge Tanya Chutkan has just allowed the unsealing of approx. 1900 pages of Jack Smith records in the Trump 2020 election conspiracy case.
Heavy, heavy redactions. Lots to go through.
But note that the records include Mike Pence's announcement on Jan 6, 2021 that he would not overturn results
The first batch (720+) pages includes heavy redactions, but also has transcripts of depositions/interviews between Trump aides/allies and the House Jan 6 Select Committee.. including questions about the "substitute" batches of electoral votes
NOW: Justice Dept asks for 27 months prison in Jan 6 case of Dana Bell, arguing “history cannot repeat itself” after the 2024 elections. Prosecutor tells judge “deterrence” is critical
Bell is accused being “agitated, angry & violent” as she accosted police & media on Jan 6
Prosecutor argues Bell engaged in “prolonged, abusive and violent” behavior. Prosecutor says Bell grabbed police officer’s baton, as police tried to clear mob away after Ashli Babbitt was shot
Prosecutor says Bell uncorked a “verbal barrage” toward officer Jeff Smith, who died days later by suicide
Prosecutor says Bell is heard telling Smith “get a real job”, “no one supports you”
IN COURT JUST NOW: Justice Dept prosecutor tells judge that the Bureau of Prisons "confirmed there was an error" ... mistakenly releasing Jan 6 defendant Leo Kelly from its prison facility in Rochester, MN
Leo Kelly was sentenced to 30 months prison in August 2023, accused of breaching the Parliamentarian's office while amid the mob.. and of facing off against "an outnumbered line of officers"
Prosecutors say prison bureau "misread" or miscalucuated filing about Kelly prison term
Leo Kelly appeared for the court hearing by zoom.. and he's asked the court to allow him to remain free (on release conditions) pending a "re-sentencing hearing"
Prosecutors want Kelly remanded back to the Bureau of Prisons pending re-sentencing hearing