"But I'm also afraid of only one thing. I'm afraid for this country, because this, what they're doing," Navarro continued, "Should have a chilling effect on every American, regardless of their party. They come for me. They can come for you."
When asked whether he would seek a pardon from Biden or Trump, Navarro told reporters he would do nothing of the sort. Navarro is more interested in sticking with his principles to ensure executive privilege remains in place. "My mission," said Navarro, is "to defend the constitutional separation of powers and executive privilege." Citing George Washington's message to the House on the Jay Treaty of 1796, Navarro explained the constitutional separation of powers protects the President and his advisors from disclosing privileged information. In a Washington Times article, Navarro wrote the following about his case as it relates to executive privilege:
"The overarching issue is whether a senior White House adviser can be compelled to testify or provide documents by a congressional committee without violating the constitutional separation of powers. For more than 50 years, the Department of Justice has said absolutely not. Yet now, a weaponized DOJ, in partisan hands, is prosecuting alleged infractions. This can't be the law."
Navarro, 74, was given four months in prison with a misdemeanor charge for refusing to cooperate with the Select Committee's 2022 investigation into the events at the Capitol on Jan. 6, 2021. A federal grand jury gave Navarro "two counts of contempt of Congress stemming from his failure to comply with a subpoena issued by the United States House Select Committee to Investigate the January 6th Attack on the United States Capitol," according to the DOJ press release on Sept. 7, 2023. He was also ordered to pay a $9500 fine. The Select Committee alleged Navarro helped Trump delay Congress' certification of the 2020 presidential election. According to Navarro, he will be the only prisoner charged with a misdemeanor. It is the first time in American history someone in the executive office has gone to prison for refusing to violate executive privilege. He is also the first high-ranking Trump official to serve prison time since Jan. 6.Obama Appointed Judge Amit Mehta Rules Trump Never Invoked Privilege
In addition, despite having seen adequate evidence in the form of emails and other White House communications, U.S. District Court Judge Amit Mehta, according to Navarro, "made the novel choice to say privilege had not been invoked" by President Trump. "There was no formal invocation of executive privilege by [Trump] after personal consideration nor authorization to Mr. Navarro to invoke privilege on his behalf." Navarro believes Mehta's choice was "absurd."In February, Judge Mehta ruled Navarro would not be allowed to remain free pending his appeal. Mehta stated Navarro's appeal "does not raise a substantial question of law," and he should, therefore, go to prison to see the appellate process unfold. Judge Mehta, however, did agree that federal agents used unnecessary force when arresting Navarro. "It is curious … at a minimum, why the government treated Mr. Navarro's arrest in the way it did," said Mehta. "It is a federal crime, but it is not a violent crime… It is a surprise to me that self-surrender was not offered," said the judge, who didn't demand an explanation from prosecutors." The FBI arrested Navarro at Reagan National Airport when he was on his way to a speaking engagement in Nashville. Navarro was handcuffed, denied food and water, was not allowed to make any phone calls, and put in a cell in D.C. in leg irons. On Mar. 11, Supreme Court Justice Roberts denied Navarro's emergency appeal to keep him out of prison. Roberts concurred with a court of appeal ruling that Navarro "forfeited" those arguments in his release proceeding.
Navarro's appeal is working its way through the judicial system. Unfortunately, the decision will likely come well after serving his sentence. Navarro said he is laser-focused on getting his case to the Supreme Court to clear the way for settled law in cases involving executive privilege.
In his final words, Navarro pointed out several instances of the Biden administration's two-tiered justice system that seems to treat Trump supporters and Democrats differently. Navarro also sent a clear message to Republicans to take on the Select Committee's unfinished business about J6.
"Listen, Loudermilk. Are you listening, folks up there? Said Navarro, "Jim Jordan, my brothers who I used to ride with on Air Force One. You need to remember that the J6 committee has some unfinished business. There were more FBI informants up on Capitol Hill that day, possibly instigating that crowd than the FBI itself could keep track of. There were stories about that. Why did Nancy Pelosi not provide more Capitol Hill police? Why did Mark Esper, the Secretary of Defense, have the National Guard so far away? And as for the destruction of evidence, Sir, look [at] the things they are doing and, you know, Hillary Clinton. I mean, there are so many things these Democrats have done that would actually justify prison. You juxtapose that with me. All I've done is my duty. All I have done is my duty to this country, the Constitution, my commander-in-chief, and to my old office.
My mission in this—and I will have served my time by the time that mission is completed—is to get this in front of the Supreme Court. And I hope that they will put politics aside and look at this. This is what they call the case of first impressions, OK? There are so many novel legal issues in this case that require the settlement again, another legal term of good law on the subject settling good law. It's crying out for the Supreme Court to do this. But the tragedy here is, because I have not been released pending appeal, I will have already done my time before that is done. But that's the price of living in Joe Biden's America right now. God bless you all. I'll see you on the other side."
My mission in this—and I will have served my time by the time that mission is completed—is to get this in front of the Supreme Court. And I hope that they will put politics aside and look at this. This is what they call the case of first impressions, OK? There are so many novel legal issues in this case that require the settlement again, another legal term of good law on the subject settling good law. It's crying out for the Supreme Court to do this. But the tragedy here is, because I have not been released pending appeal, I will have already done my time before that is done. But that's the price of living in Joe Biden's America right now. God bless you all. I'll see you on the other side."
