Biden Denies Executive Privilege for Ex-Trump Advisers
President Joe Biden will not use executive privilege to shield two former Trump administration advisers, Peter Navarro and Michael Flynn, from the House select committee’s Jan. 6 investigation.
Deputy White House counsel Jonathan Su wrote letters to Navarro, former President Donald Trump’s trade adviser, and an attorney representing Michael Flynn, Trump’s onetime national security adviser, informing them of Biden’s decision on Monday.
In the letter to Navarro, Su reiterated that Biden believes an assertion of executive privilege is “not in the national interest” given the “unique and extraordinary nature of the matters under investigation.”
In the letter to Flynn’s attorney, David Warrington, Su noted that Flynn resigned in 2017 — long before the Capitol riot.
“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,” Su wrote.
But Warrington responded to Su, saying that Flynn had not asserted executive privilege related to the Jan. 6 committee’s subpoena and has not refused to appear for a deposition.
“I do not know whether your letter was prompted by some event, information received, a request by a third-party, or if it is simply the type of letter the White House Counsel’s Office is sending to all former Executive Branch employees who have received such a subpoena,” he wrote. “We certainly did not ask for such a letter.”