Following previous claims of executive privilege by Donald Trump and other allies who have refused to cooperate in the congressional probe, more Trump allies are expected to make the same claims. However, like the previous claims, US President Joe Biden and his administration will waive executive privilege claims by Michael Flynn and Peter Navarro.
Axios reported Monday that the Biden administration had denied claims of executive privilege made by Flynn and Navarro in connection with the January 6 insurrection at the Capitol. In letters obtained by the outlet, deputy White House counsel Jonathan S. Cu wrote to their legal teams that the Biden White House would not invoke executive privilege regarding their records or testimonies.
With the rejection of executive privilege claims, Flynn and Navarro will either be forced to cooperate or be criminally referred to the Justice Department for refusing to do so. Biden has already waived executive privilege claims on his immediate predecessor Donald Trump, whose appeal to block the release of his records was shot down by the Supreme Court.
“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 Cu in the letter to Flynn’s attorneys.
Navarro has since vowed to take his case to the Supreme Court, according to the outlet. Flynn’s attorney has also responded by saying that the former Trump adviser has not asserted executive privilege nor has refused to cooperate with the congressional committee.
Biden also previously shot down executive privilege claims by Trump over the White House visitor logs and has since ordered the visitor and call logs from the White House on January 6, 2021, to be turned over to the congressional committee.
The reports of the call logs also followed the National Archives’ confirmation that Trump brought 15 boxes of White House records with him to his Mar-a-Lago residence. The Washington Post also reported at the time that some of the records that were in Mar-a-Lago contained sensitive information.