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
• • •
Missing some Tweet in this thread? You can try to
force a refresh
FLASH: Judge rules James Comey criminal case is dismissed without prejudice. Judge determined the US Attorney Lindsey Halligan was not lawfully appointed
"All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside."
From the judge: "The Attorney General’s authority to appoint an interim U.S. Attorney lasts for a total of 120 days from the date she first invokes section 546 after the departure of a Senate-confirmed U.S. Attorney. If the position remains vacant at the end of the 120-day period, the exclusive authority to make further interim appointments under the statute shifts to the district court"
ALERT: James Comey files another motion to dismiss criminal case, citing issues with grand jury presentation by US Atty Lindsey Halligan
"The government has thus committed a series of flagrant legal violations. And the government’s misconduct has threatened Mr. Comey’s liberty—even though Mr. Comey should be experiencing the peace of an expired statute of limitations"
The new 29-page motion by James Comey to dismiss his criminal case includes this header:
"THE INDICTMENT SHOULD BE DISMISSED WITH PREJUDICE BASED ON MISCONDUCT BEFORE THE GRAND JURY"
James Comey's new motion to dismiss (MORE): "A grand jury may indict only if at least 12 jurors concur.' But here, at least 12 jurors did not concur in the only indictment presented to the grand jury."
Three sources familiar with the matter tell CBS News federal investigators are questioning the handling of the investigation into California Senator Adam Schiff
(MORE)
Christine Bish, a California Republican who filed an initial tip w/ the feds about Schiff’s mortgage documentation, told CBS News she was questioned by federal agents today and was asked about Bill Pulte, the Trump-appointed head of the Federal Housing Finance Agency
(MORE)
Christine Bish characterized the interview to CBS News. She said, “They weren't asking me about Schiff. They were asking me about other people who were investigating Schiff."
NEW: James Comey files additional argument to get criminal case dismissed as "vindictive prosecution":
"The indictment in this case is unique in American history: it is the product of a yearslong campaign by the President of the United States to punish a citizen for protected speech. Mr. Comey has exercised his right to engage in public discourse critical of the President"
(MORE) James Comey's argument for dismissal of criminal case: "The President’s calls for prosecution do not rest on evidence, investigation, or recommendations. Rather, they express pure vengeful animus to punish a perceived political adversary. And the President managed to achieve his retaliatory goal only by installing a White House aide as U.S. Attorney"
(MORE) James Comey's new filing seeking dismissal of criminal case: "Not only does President Trump have the ultimate power to cause a prosecution, but the sequence of events that led to Mr. Comey’s prosecution leaves no doubt that he exercised that power here. After forcing out the incumbent United States Attorney, Erik Siebert, because of his reticence to bring this and other cases against the President’s perceived political enemies, the President posted on social media a message to the Attorney General excoriating her for failing to prosecute those enemies"
Good morning from the 6th floor of the DC federal courthouse... where it appears Sean Dunn (so-called "sandwich guy") will NOT testify in his own defense ....
HERE WE GO: Defense in "sandwich guy" case begins its presentation to court by....
asking the judge to dismiss the case "Judgment of acquittal" ... citing rule 29