President Biden will deny the shield of executive privilege for two top advisers to former President Donald Trump — his first national security adviser, Michael Flynn, and former trade adviser Peter Navarro — in Congress' Jan. 6 investigation, Axios has learned.
Why it matters: 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.
- 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.