On Monday, Axios reported that the Biden administration will deny claims of executive privilege made by two allies of former President Donald Trump in connection with the January 6 investigation: Former National Security Adviser Michael Flynn, and former White House trade adviser Peter Navarro.
"To the extent any privileges could apply to General 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," wrote deputy White House Counsel Jonathan C. Su in one of the letters informing their legal teams, obtained by Axios.
"The move will likely force Flynn and Navarro to make a choice: cooperate with the select committee or face potential criminal referral from Congress to the Department of Justice," reported Hans Nichols and Jonathan Swan. "Navarro vowed to take his case to the Supreme Court. Flynn's attorney responded to the White House by insisting that his client has not asserted executive privilege or refused to appear for a deposition by the Jan. 6 committee."
This comes after Congress made similar contempt referrals to the Justice Department against former Trump adviser Steve Bannon and former White House Chief of Staff Mark Meadows. Bannon has been indicted on those charges and is currently fighting the matter in court.
Both Flynn and Navarro are of interest to members of Congress in the investigation of the attack on the U.S. Capitol. Flynn, who is currently suing the January 6 Committee, allegedly advised Trump on the military seizing voting machines in a White House conversation, while Navarro openly boasted about his plan to get former Vice President Mike Pence to overturn the results of the election.