[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)] [House] [Pages H4236-H4380] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] {time} 1645 RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND PETER K. NAVARRO AND DANIEL SCAVINO, JR., IN CONTEMPT OF CONGRESS Mr. THOMPSON of Mississippi. Mr. Speaker, by direction of the Select Committee to Investigate the January 6th Attack on the United States Capitol, I call up the report (H. Rept. 117-284) and accompanying resolution recommending that the House of Representatives find Peter K. Navarro and Daniel Scavino, Jr., in contempt of Congress for refusal to comply with subpoenas duly issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol, and ask for its immediate consideration. The Clerk read the title of the report. The SPEAKER pro tempore. Pursuant to House Resolution 1023, the report is considered read. The text of the report is as follows: The Select Committee to Investigate the January 6th Attack on the United States Capitol, having considered this Report, reports favorably thereon and recommends that the Report be approved. The form of the Resolution that the Select Committee to Investigate the January 6th Attack on the United States Capitol would recommend to the House of Representatives for citing Peter K. Navarro and Daniel Scavino, Jr., for contempt of Congress pursuant to this Report is as follows: Resolved, That Peter K. Navarro and Daniel Scavino, Jr., shall be found to be in contempt of Congress for failure to comply with congressional subpoenas. Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, the Speaker of the House of Representatives shall certify the report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, detailing the refusal of Peter K. Navarro to produce documents or appear for a deposition before the Select Committee to Investigate the January 6th Attack on the United States Capitol as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Mr. Navarro be proceeded against in the manner and form provided by law. Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, the Speaker of the House of Representatives shall certify the report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, detailing the refusal of Daniel Scavino, Jr., to produce documents or appear for a deposition before the Select Committee to Investigate the January 6th Attack on the United States Capitol as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Mr. Scavino be proceeded against in the manner and form provided by law. Resolved, That the Speaker of the House shall otherwise take all appropriate action to enforce the subpoenas. Purpose and Summary On January 6, 2021, a violent mob attempted to impede Congress's constitutional and statutory mandate to count the electoral votes in the 2020 Presidential election and launched an assault on the United States Capitol Complex that resulted in multiple deaths, physical harm to more than 140 members of law enforcement, and terror and trauma among staff, institutional employees, and press. In response, the House adopted House Resolution 503 on June 30, 2021, establishing the Select Committee to Investigate the January 6th Attack on the United States Capitol (hereinafter referred to as the ``Select Committee''). The Select Committee is investigating the facts, circumstances, and causes of the January 6th attack and issues relating to the interference with the peaceful transfer of power, in order to identify and evaluate problems and to recommend to the House and its relevant committees corrective laws, policies, procedures, rules, or regulations. This inquiry includes examination of the factors that influenced, instigated, or contributed to the attack and how various individuals and entities coordinated their activities leading up to the attack. Peter K. Navarro According to published reports, Peter K. Navarro, a White House trade advisor, worked with Stephen K. Bannon and others to develop and implement a plan to delay Congress's certification, and ultimately change the outcome, of the November 2020 Presidential election. In November 2021, Mr. Navarro published In Trump Time, a book in which he described this plan as the ``Green Bay Sweep'' and stated that it was designed as the ``last, best chance to snatch a stolen election from the Democrats' jaws of deceit.''\1\ In a later interview about his book, Mr. Navarro added that former- President Trump was ``on board with the strategy,'' as were more than 100 Members of Congress.\2\ Previously, Mr. Navarro had publicly released on his website a three-part report, dubbed ``The Navarro Report,'' repeating many claims of purported fraud in the election that have been discredited in public reporting, by State officials, and by courts.\3\ On February 9, 2022, Chairman Bennie G. Thompson signed a subpoena for documents and testimony and transmitted it along with a cover letter and schedule to Mr. Navarro.\4\ The subpoena required that Mr. Navarro produce responsive documents not later than February 23, 2022, and that Mr. Navarro appear for a deposition on March 2, 2022. When Select Committee staff emailed Mr. Navarro on February 9, 2022, asking whether he would accept service and had an attorney, Mr. Navarro replied only: ``yes. no counsel. [[Page H4237]] Executive privilege[.]''\5\ Select Committee staff then emailed the subpoena to Mr. Navarro. Within hours of receiving the subpoena, Mr. Navarro released a public statement that clearly indicated he had no intention of complying with the Select Committee's subpoena while also acknowledging that he had already publicly released information that is relevant to the Select Committee's investigation in his book: President Trump has invoked Executive Privilege; and it is not my privilege to waive. [The Select Committee] should negotiate any waiver of the privilege with the president and his attorneys directly, not through me. I refer this tribunal to Chapter 21 of In Trump Time for what is in the public record about the Green Bay Sweep plan to insure [sic] election integrity[.]\6\ Mr. Navarro also appeared on national television on February 10, 2022, discussing subjects that were the focus of the Select Committee's subpoena to him.\7\ On February 24, 2022, Select Committee staff contacted Mr. Navarro via email about his failure to produce documents by the February 23rd deadline in the subpoena. In the same email, staff reminded Mr. Navarro about the date for his deposition and notified him of its location within the U.S. Capitol campus. Staff also requested that Mr. Navarro contact the Select Committee for further details about the deposition or, alternatively, to notify the Select Committee if he did not plan to appear for deposition testimony.\8\ On February 27, 2022, Mr. Navarro contacted Select Committee staff and said that ``President Trump has invoked [e]xecutive [p]rivilege in this matter; and it is neither my privilege to waive or Joseph Biden's privilege to waive.''\9\ Mr. Navarro did not provide any evidence that former- President Trump had ever invoked executive privilege with respect to any documents in Mr. Navarro's personal possession or any testimony that Mr. Navarro could provide. Select Committee staff responded the same day and explained that there are areas of inquiry that do not implicate ``any executive privilege concerns at all.''\10\ Select Committee staff further informed Mr. Navarro that he could make executive privilege objections during his deposition and that he must do so on a ``question-by-question basis'' to ``enable the Select Committee to better understand [his] objections and, if necessary, take any additional steps to address them.''\11\ Select Committee staff then asked Mr. Navarro again whether he intended to appear for his deposition on March 2, 2022, as required by the subpoena. Later the same day, Mr. Navarro responded to the Select Committee's email correspondence. Instead of saying whether he intended to appear for his deposition, Mr. Navarro asked: ``Will this event be open to the public and press?''\12\ Select Committee staff responded that it would not be open to the press, that it would be a ``staff-led deposition, which members of the Select Committee may also join and in which they may participate.''\13\ Select Committee staff asked about Mr. Navarro's document production and offered to find a new date for the deposition ``within a reasonable time'' if Mr. Navarro had a scheduling conflict on March 2d.\14\ Mr. Navarro did not respond to that offer but, the next day, sent the Select Committee an email saying that he had ``been clear in my communications on this matter'' and that ``it is incumbent on the Committee to directly negotiate with President Trump and his attorneys regarding any and all things related to this matter.''\15\ On February 28, 2022, the White House Counsel's Office issued a letter to Mr. Navarro regarding the Select Committee's subpoena. That letter stated: ``[I]n light of the unique and extraordinary nature of the matters under investigation, 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.''\16\ The letter further noted that ``President Biden accordingly has decided not to assert executive privilege'' with respect to the testimony of Mr. Navarro ``regarding those subjects,'' or with respect to ``any documents [he] may possess that bear on them.'' Further, the letter stated: ``For the same reasons underlying his decision on executive privilege, President Biden has determined that he will not assert immunity to preclude [Mr. Navarro] from testifying before the Select Committee.''\17\ On March 1, 2022, Select Committee staff sent another email to Mr. Navarro about his appearance for testimony as required by the subpoena. Once again, Select Committee staff reminded Mr. Navarro that ``there are topics that the Select Committee believes it can discuss with [him] without raising any executive privilege concerns at all, including, but not limited to, questions related to [his] public three-part report about purported fraud in the November 2020 election and the plan [he] described in [his] book called the `Green Bay Sweep.' ''\18\ Select Committee staff told Mr. Navarro, again, that if there were any ``specific questions that raise[d] executive privilege concerns, [he could] assert [his] objections on the record and on a question-by-question basis.''\19\ Select Committee staff also provided Mr. Navarro with information regarding the time and location of his deposition. Mr. Navarro did not respond to the March 1st email from Select Committee staff. He has failed to produce documents or appear for his scheduled deposition by the deadlines in the February 9, 2022, subpoena.\20\ Rather than appear for his deposition or respond directly to the Select Committee, Mr. Navarro issued a public statement regarding his deposition.\21\ Mr. Navarro predicted that his interactions with the Select Committee would be judged by the ``Supreme Court, where this case is headed[.]''\22\ Mr. Navarro, however, never filed any case seeking relief from his responsibilities to comply with the Select Committee's subpoena. In United States v. Bryan (1950), the Supreme Court emphasized that the subpoena power is a ``public duty, which every person within the jurisdiction of the Government is bound to perform when properly summoned.''\23\ The Court recently reinforced this clear obligation by stating that ``[w]hen Congress seeks information needed for intelligent legislative action, it unquestionably remains the duty of all citizens to cooperate.''\24\ The contempt of Congress statute, 2 U.S.C. Sec. 192, makes clear that a witness summoned before Congress must appear or be ``deemed guilty of a misdemeanor'' punishable by a fine of up to $100,000 and imprisonment for up to 1 year.\25\ Mr. Navarro's refusal to comply with the Select Committee's subpoena in any way represents willful default under the law and warrants referral to the United States Attorney for the District of Columbia for prosecution for contempt of Congress as prescribed by law. Daniel Scavino, Jr. According to many published reports, Daniel Scavino, Jr., a long-time employee of former-President Trump, was responsible for social media and communications strategy for the former President, including with respect to the Trump Campaign's post-election efforts to challenge the 2020 election results. Mr. Scavino worked with Mr. Trump as part of the then- President's campaign to reverse the election results. This campaign included, among other things, spreading false information via social media regarding alleged election fraud and recruiting a crowd to Washington for the events of January 6th. Mr. Scavino reportedly attended several meetings with then-President Trump in which challenges to the election were discussed. Mr. Scavino also tracked social media on behalf of former-President Trump, and he did so at a time when sites reportedly frequented by Mr. Scavino suggested the possibility of violence on January 6th. The Select Committee therefore has reason to believe that Mr. Scavino may have had advance warning about the potential for violence on January 6th. Mr. Scavino did not only work as a White House official. He separately promoted activities designed to advance Mr. Trump's success as a Presidential candidate. He continued to do so after the 2020 election, promoting activities designed to reverse the outcome of a lost election. Mr. Scavino's public statements and reported conduct make clear the relevance of his testimony and documents for the Select Committee's investigation. On October 6, 2021,\26\ Chairman Thompson signed a subpoena for documents and testimony and transmitted it along with a cover letter and schedule to Mr. Scavino.\27\ On October 8, 2021, U.S. Marshals served this subpoena at Mar-a-Lago, Mr. Scavino's reported place of employment, to Ms. Susan Wiles, who represented herself as chief of staff to former-President Trump and as authorized to accept service on Mr. Scavino's behalf.\28\ The subpoena required that Mr. Scavino produce responsive documents not later than October 21, 2021, and that Mr. Scavino appear for a deposition on October 28, 2021. Subsequent communications between counsel for Mr. Scavino and Chairman Thompson, however, did not result in Mr. Scavino's agreement to appear for testimony or produce documents. Attempting to reach an accommodation with Mr. Scavino, Chairman Thompson granted multiple extensions for the deposition and production of documents:Per Mr. Scavino's request for an extension, the Chairman deferred the document production deadline to October 28, 2021, and the deposition to November 4, 2021.\29\ Per Mr. Scavino's request for an extension, the Chairman again deferred the document production deadline to November 4, 2021, and the deposition to November 12, 2021.\30\ Per Mr. Scavino's request for an extension, the Chairman deferred the document production deadline to November 5, 2021.\31\ Per Mr. Scavino's request for an extension, the Chairman deferred the document production deadline to November 15, 2021, and the deposition to November 19, 2021.\32\ The Chairman extended the document production deadline to November 29, 2021, and the deposition to December 1, 2021.\33\ Following the U.S. Supreme Court's denial of a stay in Trump v. Thompson, the Chairman offered Mr. Scavino an additional opportunity to indicate his intent to cooperate with the investigation and comply with the subpoena by February 8, 2022.\34\ Despite all these extensions, to date, Mr. Scavino has not produced a single document, nor has he appeared for testimony. On March 15, 2022, the White House Counsel's Office issued a letter to Mr. Scavino's attorney regarding the Select Committee's subpoena. That letter stated, ``President Biden has determined that an assertion of [[Page H4238]] 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.''\35\ Further, ``President Biden accordingly has decided not to assert executive privilege as to Mr. Scavino's testimony regarding those subjects, or any documents he may possess that bear on them. For the same reasons underlying his decision on executive privilege, President Biden has determined that he will not assert immunity to preclude [Mr. Scavino] from testifying before the Select Committee.''\36\ In United States v. Bryan (1950), the Supreme Court emphasized that the subpoena power is a ``public duty, which every person within the jurisdiction of the Government is bound to perform when properly summoned.''\37\ The Court recently reinforced this clear obligation by stating that ``[w]hen Congress seeks information needed for intelligent legislative action, it unquestionably remains the duty of all citizens to cooperate.''\38\ The contempt of Congress statute, 2 U.S.C. Sec. 192, makes clear that a witness summoned before Congress must appear or be ``deemed guilty of a misdemeanor'' punishable by a fine of up to $100,000 and imprisonment for up to 1 year.\39\ Mr. Scavino's refusal to comply with the Select Committee's subpoena in any way represents willful default under the law and warrants referral to the United States Attorney for the District of Columbia for prosecution for contempt of Congress as prescribed by law. Background on the Select Committee's Investigation House Resolution 503 provides that the enumerated purposes of the Select Committee include investigating and reporting upon the ``facts, circumstances, and causes relating to the January 6, 2021, domestic terrorist attack upon the United States Capitol Complex . . . and relating to the interference with the peaceful transfer of power.''\40\ As part of this charge, the Select Committee is examining the ``influencing factors that fomented such an attack on American representative democracy.''\41\ The Supreme Court has long held that Congress has a constitutional duty to conduct oversight. ``The power of the Congress to conduct investigations is inherent in the legislative process,''\42\ and the capacity to enforce said investigatory power ``is an essential and appropriate auxiliary to the legislative function.''\43\ ``Absent such a power, a legislative body could not `wisely or effectively' evaluate those conditions `which the legislation is intended to affect or change.' ''\44\ The oversight powers of House and Senate committees are also codified in legislation. For example, the Legislative Reorganization Act of 1946 directed committees to ``exercise continuous watchfulness'' over the executive branch's implementation of programs within its jurisdictions,\45\ and the Legislative Reorganization Act of 1970 authorized committees to ``review and study, on a continuing basis, the application, administration, and execution'' of laws.\46\ The Select Committee was properly constituted under section 2(a) of House Resolution 503, 117th Congress. As required by that resolution, Members of the Select Committee were selected by the Speaker, after ``consultation with the minority leader.''\47\ A bipartisan selection of Members was appointed pursuant to House Resolution 503 on July 1, 2021, and July 26, 2021.\48\ Pursuant to House rule XI and House Resolution 503, the Select Committee is authorized ``to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of books, records, correspondence, memoranda, papers, and documents as it considers necessary.''\49\ Further, section 5(c)(4) of House Resolution 503 provides that the Chairman of the Select Committee may ``authorize and issue subpoenas pursuant to clause 2(m) of rule XI in the investigation and study'' conducted pursuant to the enumerated purposes and functions of the Select Committee. The Select Committee's authorizing resolution further states that the Chairman ``may order the taking of depositions, including pursuant to subpoena, by a Member or counsel of the Select Committee, in the same manner as a standing committee pursuant to section 3(b)(1) of House Resolution 8, One Hundred Seventeenth Congress.''\50\ Peter K. Navarro A. The Select Committee seeks information from Mr. Navarro central to its investigative purposes. The Select Committee seeks information from Mr. Navarro central to its investigative responsibilities delegated to it by the House of Representatives. This includes the obligation to investigate and report on the facts, circumstances, and causes of the attack on January 6, 2021, and on the facts, circumstances, and causes ``relating to the interference with the peaceful transfer of power.''\51\ The events of January 6, 2021, involved both a physical assault on the Capitol building and law enforcement personnel protecting it and an attack on the constitutional process central to the peaceful transfer of power following a Presidential election. The counting of electoral college votes by Congress is a component of that transfer of power that occurs every January 6th following a Presidential election. This event is part of a complex process, mediated through the free and fair elections held in jurisdictions throughout the country, and through the statutory and constitutional processes set up to confirm and validate the results. In the case of the 2020 Presidential election, the January 6th electoral college vote count occurred following a series of efforts in the preceding weeks by Mr. Trump and his supporters to challenge the legitimacy of, disrupt, delay, and overturn the election results. According to eyewitness accounts as well as the statements of participants in the attack on January 6, 2021, a purpose of the assault was to stop the process of validating what then-President Trump, his supporters, and his allies had falsely characterized as a ``stolen'' or ``fraudulent'' election. The claims regarding the 2020 election results were advanced and amplified in the weeks leading up to the January 6th assault, even after courts across the country had resoundingly rejected lawsuits claiming election fraud and misconduct, and after all States had certified the election results. As part of this effort, Mr. Trump and his associates spread false information about, and cast doubts on, the elections in Arizona, Pennsylvania, Michigan, and Georgia, among other States, and pressed Federal, State, and local officials to use their authorities to challenge the election results. To fulfill its investigative responsibilities, the Select Committee needs to understand the events and communications in which Mr. Navarro reportedly participated or that he observed. He has publicly acknowledged playing a role in devising a post-election strategy to change the outcome of the election and promoting claims of election fraud intended to further that strategy. These actions were outside his official governmental duties at the time. As Assistant to the President and Director of Trade and Manufacturing Policy, Mr. Navarro's role in government was to assist the President in formulating and implementing trade policy. Former-President Trump created Mr. Navarro's position by Presidential Executive Order No. 13797 in 2017.\52\ The mission of the office that Mr. Navarro led was to ``defend and serve American workers and domestic manufacturers while advising the President on policies to increase economic growth, decrease the trade deficit, and strengthen the United States manufacturing and defense industrial bases.''\53\ Additionally, the office's responsibilities included: ``(a) advis[ing] the President on innovative strategies and promot[ing] trade policies consistent with the President's stated goals; (b) serv[ing] as a liaison between the White House and the Department of Commerce and undertak[ing] trade- related special projects as requested by the President; and (c) help[ing to] improve the performance of the executive branch's domestic procurement and hiring policies, including through the implementation of the policies described in Executive Order 13788 of April 18, 2017 (Buy American and Hire American).''\54\ In March 2020, President Trump also signed Executive Order No. 13911, which named Mr. Navarro as the National Defense Production Act Policy Coordinator, which gave the Office of Trade and Manufacturing Policy authority to address potential shortfalls in pandemic-related resources such as ventilators and personal protective equipment.\55\ The Select Committee does not seek documents or testimony from Mr. Navarro related to his official duties as a Federal official. None of the official responsibilities of Mr. Navarro's positions included advising President Trump about the 2020 Presidential election or the roles and responsibilities of Congress and the Vice President during the January 6, 2021, joint session of Congress. Nor did those official duties involve researching or promoting claims of election fraud. Nevertheless, after the 2020 Presidential election, Mr. Navarro became involved in efforts to convince the public that widespread fraud had affected the election. Federal law did not allow Mr. Navarro to use his official office to attempt to affect the outcome of an election.\56\ When Mr. Navarro engaged in these activities, and other activities described below, he was acting outside the scope of his official duties. In December 2020, Mr. Navarro released a three-part report on purported fraud in the election on his personal website. The chapters of the report, titled ``Volume One: The Immaculate Deception,'' ``Volume Two: The Art of the Steal,'' and ``Volume Three: Yes, President Trump Won'' (collectively, ``The Navarro Report''), discuss, among other things, disproven claims of alleged voter fraud and cite to sources such as Stephen Bannon's ``War Room: Pandemic'' podcasts and unsupported allegations from cases around the country that courts dismissed.\57\ In a press call on December 17, 2020, to announce his report, Mr. Navarro acknowledged that he wrote the report ``as a private citizen'' and, in doing so, wanted to address what he called ``outright fraud'' in the 2020 Presidential election.\58\ The Select Committee's investigation has revealed that ``The Navarro Report'' was shared, in whole or in part, by individuals who made public claims about purported fraud in the election, including Professor John Eastman and then-White House Chief of Staff Mark Meadows.\59\ Notably, then- President Trump included a link to volume one of ``The Navarro Report'' in the same tweet in which he first announced that he would speak at a rally in Washington on January 6, 2021.\60\ Mr. Navarro has claimed that Mr. Trump ``himself had distributed [[Page H4239]] Volume One of the report to every member of the House and Senate'' before January 6, 2021.\61\ Specific allegations contained in ``The Navarro Report'' were also used as justification in attempts to convince State legislators to de-certify their State's popular vote and appoint Trump-Pence electoral college electors.\62\ And, the report was cited in litigation that, if successful, would have resulted in a declaration that the Vice President alone could decide which electoral college votes to count during the January 6, 2021, joint session of Congress.\63\ Mr. Navarro also reportedly worked with members of the Trump Campaign's legal team to directly encourage State legislators to overturn the results of the 2020 election. On January 2, 2021, Mr. Navarro joined a call with Phill Kline, Rudy Giuliani, Professor John Eastman, John Lott, Jr., then- President Trump, and hundreds of State legislators. During the call, Mr. Navarro discussed his report on voter fraud and told the State legislators: ``Your job, I believe, is to take action, action, action . . . The situation is dire.''\64\ In that same call, Mr. Trump told the State legislators that they were the best chance to change the certified results of the Presidential election in certain States because ``[y]ou are the real power . . . [y]ou're more important than the courts. You're more important than anything because the courts keep referring to you, and you're the ones that are going to make the decision.''\65\ In the days leading up to January 6, 2021, according to evidence obtained by the Select Committee, Mr. Navarro also encouraged Mark Meadows (and possibly others) to call Roger Stone to discuss January 6th.\66\ When Roger Stone appeared to testify before the Select Committee and was asked questions about the events of January 6th, he repeatedly invoked his Fifth Amendment right against self-incrimination. Mr. Navarro wrote about ``The Navarro Report'' and his efforts to change the outcome of the 2020 election in his recently published book, In Trump Time.\67\ In his book, Mr. Navarro described actions he took to affect the outcome of the election, including encouraging President Trump in early- November 2020 not to announce that he would seek election in 2024 because doing so would acknowledge that he had actually lost the 2020 Presidential election.\68\ Mr. Navarro also wrote that he called Attorney General William P. Barr to ask that the Department of Justice intervene and support President Trump's legal efforts to challenge the results of the 2020 election, which Attorney General Barr refused to do.\69\ Mr. Navarro also wrote in his book that he kept a journal of post-election activities like those described above.\70\ Mr. Navarro also claimed credit for concocting a plan with Stephen Bannon to overturn the election results in various States dubbed the ``Green Bay Sweep.''\71\ In his book, Mr. Navarro described the ``Green Bay Sweep'' as ``our last, best chance to snatch a stolen election,'' and ``keep President Trump in the White House for a second term.''\72\ The plan was to encourage Vice President Michael R. Pence, as President of the Senate, to delay certification of the electoral college votes during the January 6th joint session of Congress and send the election back to the State legislatures.\73\ Mr. Navarro's theory is similar to the theory that Professor John Eastman advocated before January 6th, and that President Trump explicitly encouraged during his speech on the Ellipse on January 6th.\74\ On January 6th, the day to implement the ``Green Bay Sweep,'' Mr. Navarro had multiple calls with Mr. Bannon, including during and after the attack on the U.S. Capitol.\75\ Mr. Navarro has stated that he believed his strategy ``started flawlessly'' but was thwarted when ``two things went awry: [Vice President] Pence's betrayal, and, of course, the violence that erupted on Capitol Hill, which provided [Vice President] Pence, [and Congressional leaders] an excuse to abort the Green Bay sweep.''\76\ This information demonstrates Mr. Navarro's clear relevance to the Select Committee's investigation and provides the foundation for its subpoena for Mr. Navarro's testimony and document production. Congress, through the Select Committee, is entitled to discover facts concerning what led to the attack on the U.S. Capitol on January 6th, as well as White House officials' actions and communications during and after the attack. B. Mr. Navarro has refused to comply with the Select Committee's subpoena for testimony and documents. On February 9, 2022, Chairman Thompson signed and issued a subpoena, cover letter, and schedule to Mr. Navarro ordering the production of both documents and testimony relevant to the Select Committee's investigation into ``important activities that led to and informed the events at the Capitol on January 6, 2021.''\77\ Chairman Thompson's letter identified public reports describing Mr. Navarro's activities and past statements, documenting some of the public information that gave the Select Committee reason to believe Mr. Navarro possesses information about matters within the scope of the Select Committee's inquiry. The accompanying letter set forth a schedule specifying categories of related documents sought by the Select Committee on topics including, but not limited to: communications, documents, and information that are evidence of the claims of purported fraud in the three- volume ``Navarro Report''; documents and communications related to plans, efforts, or discussions regarding challenging, decertifying, delaying the certification of, overturning, or contesting the results of the 2020 election; and communications with Stephen Bannon, Members of Congress, State and local officials, other White House employees, or representatives of the Trump reelection campaign about election fraud and delaying or preventing the certification of 2020 Presidential election. The subpoena required Mr. Navarro to produce the requested documents to the Select Committee on February 23, 2022, at 10 a.m. and required Mr. Navarro's presence for the taking of testimony on March 2, 2022, at 10 a.m.\78\ As described above, Mr. Navarro had a brief exchange with Select Committee staff after accepting service of the subpoena and also made public comments indicating that he would not appear or provide documents as required by the subpoena. Indeed, Mr. Navarro failed to produce any documents by the February 23, 2022, deadline, and did not appear for his deposition on March 2, 2022.\79\ In his public and non- public communications with the Select Committee, Mr. Navarro vaguely referred to ``[e]xecutive [p]rivilege,'' with no further explanation, as his only reason for failing to comply with the Select Committee's subpoena. C. Mr. Navarro's purported basis for non-compliance is wholly without merit. Congress has the power to compel witnesses to testify and produce documents.\80\ An individual--whether a member of the public or an executive branch official--has a legal (and patriotic) obligation to comply with a duly issued and valid congressional subpoena, unless a valid and overriding privilege or other legal justification permits non- compliance.\81\ In United States v. Bryan, the Supreme Court stated: A subpoena has never been treated as an invitation to a game of hare and hounds, in which the witness must testify only if cornered at the end of the chase. If that were the case, then, indeed, the great power of testimonial compulsion, so necessary to the effective functioning of courts and legislatures, would be a nullity. We have often iterated the importance of this public duty, which every person within the jurisdiction of the Government is bound to perform when properly summoned.\82\ As more fully described below, the Select Committee sought testimony from Mr. Navarro on topics and interactions as to which there can be no conceivable privilege claim. Mr. Navarro has refused to testify in response to the subpoena ostensibly based on a blanket assertion of executive privilege purportedly asserted by former-President Trump. The Supreme Court has recognized an implied constitutional privilege protecting Presidential communications.\83\ Under certain circumstances, executive privilege may be invoked to bar congressional inquiry into communications covered by the privilege. However, the Court has held that the privilege is qualified, not absolute, and that it is limited to communications made ``in performance of [a President's] responsibilities of his office and made in the process of shaping policies and making decisions.''\84\ The U.S. Court of Appeals for the D.C. Circuit has already assessed generalized privilege assertions by Mr. Trump in relation to information sought by the Select Committee and purportedly protected by executive privilege. That court concluded that ``the profound interests in disclosure advanced by President Biden and the January 6th Committee far exceed [Donald Trump's] generalized concerns for Executive Branch confidentiality.''\85\ Executive privilege has not been properly invoked with respect to Mr. Navarro, is not applicable to the testimony and documents sought by the Select Committee, and does not justify Mr. Navarro's refusal to appear in any event. 1. President Biden decided not to invoke executive privilege to prevent testimony by Mr. Navarro, and Mr. Trump has not invoked executive privilege with respect to Mr. Navarro. In his February 9, 2022, email to the Select Committee before receiving the subpoena and reviewing the documents sought by the Select Committee, Mr. Navarro cryptically claimed, ``[e]xecutive [p]rivilege,'' but offered no reason why executive privilege would shield from disclosure to the Select Committee all of Mr. Navarro's testimony or the documents in Mr. Navarro's personal custody and control.\86\ Moreover, Mr. Navarro has put forward no evidence to support a valid assertion of executive privilege. President Biden provided his considered determination that invoking executive privilege, and asserting immunity, to prevent Mr. Navarro's testimony and document production would not be ``in the national interest, and therefore is not justified, with respect to particular subjects within the purview of the Select Committee.''\87\ Mr. Navarro has also offered no evidence that former-President Trump has asserted executive privilege, and the Select Committee has had no communications with the former President regarding Mr. Navarro. Without an assertion of executive privilege by Mr. Trump to the Select Committee, and with the considered determination of the current President not to assert any immunity or executive privilege, Mr. Navarro cannot establish the foundational element of a claim of executive privilege: an invocation of the privilege by the executive. In United States v. Reynolds, 345 U.S. 1, 7-8 (1953), the Supreme Court held that executive privilege: [[Page H4240]] [B]elongs to the Government and must be asserted by it; it can neither be claimed nor waived by a private party. It is not to be lightly invoked. There must a formal claim of privilege, lodged by the head of the department which has control over the matter, after actual personal consideration by that officer.\88\ Here, President Biden has decided not to assert executive privilege. But even if this formal determination by the President as the head of the executive branch was not enough to stop the valid assertion of executive privilege (and it was with respect to Mr. Navarro), Mr. Navarro's assertion cannot be valid because the Select Committee has not been provided with any invocation of executive privilege--whether formal or informal--by the former President.\89\ In any event, Mr. Navarro's second-hand, categorical assertion of privilege, without any description of the specific documents or specific testimony over which privilege is claimed, is insufficient to activate a claim of executive privilege. 2. Even if Mr. Trump had actually invoked executive privilege, the privilege would not bar the Select Committee from lawfully obtaining the documents and testimony it seeks from Mr. Navarro. The law is clear that executive privilege does not extend to discussions relating to non-governmental business or among private citizens.\90\ In In re Sealed Case (Espy), 121 F.3d 729, 752 (D.C. Cir. 1997), the court explained that the Presidential communications privilege covers ``communications authored or solicited and received by those members of an immediate White House adviser's staff who have broad and significant responsibility for investigating and formulating the advice to be given the President on the particular matter to which the communications relate.'' The court stressed that the privilege only applies to communications intended to advise the President ``on official government matters.''\91\ The Select Committee does not seek information from Mr. Navarro on trade policy or other official decision-making within his sphere of official responsibility. Rather, as noted above, the Select Committee seeks information from Mr. Navarro on a range of subjects unrelated to his or the President's official duties or related to his communications with people outside government about matters outside the scope of Mr. Navarro's official duties. These include the following topics: Mr. Navarro's interactions with private citizens, Members of Congress, or others outside the White House related to the 2020 election or efforts to overturn its results, including matters related to the ``Green Bay Sweep'' strategy for changing the election results that Mr. Navarro developed with Stephen Bannon, who was not a White House employee during the relevant period; the reports, and purported factual support for the reports, that Mr. Navarro himself acknowledged he prepared in his capacity ``as a private citizen''; the connections, involvement, and planning for January 6th events by Mr. Navarro, Roger Stone, and other individuals who have refused to provide testimony to the Select Committee; and subjects covered by the book that he wrote and publicly released, such as private calls he made to Attorney General Barr to ``plead [the] case'' for the Department of Justice to take action related to purported election fraud,\92\ his calls and meetings with Rudy Giuliani and others associated with the Trump reelection campaign,\93\ and his experience in Washington, DC, and around The National Mall on January 6, 2021.\94\ There is no conceivable claim of executive privilege over documents and testimony related to those topics. Moreover, any claim of executive privilege and the need to maintain confidentiality is severely undermined, if not entirely vitiated, by Mr. Navarro's extensive public disclosure of his communications with the former President, including on issues directly implicated by the Select Committee's subpoena. Mr. Navarro's recently published book described his efforts to overturn the 2020 election and several meetings with then-President Trump about those efforts. The day after he was served with the Select Committee subpoena, Mr. Navarro appeared on national television to discuss the subpoena and his efforts to overturn the 2020 election. Mr. Navarro's public disclosures relating to the very subjects of interest to the Select Committee foreclose a claim of executive privilege with respect to those disclosures.\95\ Even with respect to Select Committee inquiries that involve Mr. Navarro's direct communications with Mr. Trump, executive privilege does not bar Select Committee access to that information. Only communications that relate to official Government business can be covered by the Presidential communications privilege.\96\ Based on his role as Director of Trade and Manufacturing Policy, Mr. Navarro may have had ``broad and significant responsibility for investigating and formulating . . . advice to be given the President'' on manufacturing or trade matters, in which case communications with the President related to those ``particular matters'' might be within executive privilege.\97\ However, communications on matters unrelated to official Government business--and outside the scope of Mr. Navarro's official duties--would not be privileged.\98\ Indeed, the Select Committee did not intend to seek any information related to Mr. Navarro's role as Director of Trade and Manufacturing Policy, and instead was concerned exclusively with obtaining information about events in which Mr. Navarro participated or witnessed in his private, unofficial capacity. Moreover, even with respect to any subjects of concern that arguably involve official Presidential communications about official Government business, the Select Committee's need for this information to investigate the facts and circumstances surrounding the January 6th assault on the U.S. Capitol and the Nation's democratic institutions far outweighs any generalized executive branch interest in maintaining confidentiality at this point. The U.S. Court of Appeals has recognized this in circumstances when Mr. Trump has formally asserted executive privilege (unlike with Mr. Navarro),\99\ and the incumbent President has concluded 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 . . . [including] efforts to alter election results or obstruct the transfer of power.''\100\ 3. Mr. Navarro is not immune from testifying or producing documents in response to the subpoena. Finally, even if executive privilege may apply to some aspect of Mr. Navarro's testimony, he, like other witnesses, was required to produce a privilege log with respect to any withheld documents noting any applicable privileges with specificity, and to appear before the Select Committee for his deposition to answer any questions concerning non- privileged information and assert any applicable privileges on a question-by-question basis. He did none of those things. Although he has not actually claimed that he is immune from testifying or producing documents to Congress, such a claim would not prevent Mr. Navarro's cooperation with the Select Committee on the subjects described in this Report. As explained, President Biden has determined that it is not in the national interest to assert immunity that Mr. Navarro could claim would prevent testimony before the Select Committee. And neither former-President Trump nor Mr. Navarro have asserted any claim of testimonial immunity to prevent Mr. Navarro from testifying in a deposition with the Select Committee. President Biden, on the other hand, affirmatively decided not to assert such immunity. In any event, all courts that have reviewed purported immunity have been clear: even senior White House aides who advise the President on official Government business are not immune from compelled congressional process.\101\ The general theory that a current or former White House senior advisor may be immune from testifying before Congress is based entirely on internal memoranda from the Department of Justice's Office of Legal Counsel (``OLC'') that courts, in relevant parts, have uniformly rejected.\102\ But even those internal memoranda do not claim such immunity from testimony for circumstances like those now facing Mr. Navarro. Those internal memoranda do not address a situation in which the incumbent President has decided to not assert immunity. And by their own terms, the OLC opinions apply only to testimony ``about [a senior official's] official duties,'' not testimony about unofficial actions or private conduct.\103\ Indeed, in OLC opinions dating back to, at least, the 1970s, OLC has qualified its own position by advocating for the testimonial immunity of certain White House advisors before Congress ``unless [Congress's] inquiry is related to their private conduct.''\104\ As described in this Report, the Select Committee seeks testimony from Mr. Navarro about, among other things, the ``Green Bay Sweep'' plan he developed to overturn the election and his creation and publication of ``The Navarro Report,'' conduct that was not part of his official duties and that he admittedly engaged in ``as a private citizen.'' Mr. Navarro is not immune from testifying before the Select Committee. Moreover, there is not, nor has there ever been, any purported immunity for senior White House advisors from producing non-privileged documents to Congress when required by subpoena to do so. Mr. Navarro did not produce any documents, and there is no theory of immunity that justifies his wholesale non-compliance with the Select Committee's demand. For the reasons stated above, Mr. Navarro's own conduct and the determination by the current executive would override any claim of privilege or immunity (even assuming Mr. Trump had invoked executive privilege with respect to Mr. Navarro). Furthermore, Mr. Navarro has refused to appear and assert executive privilege on a question-by-question basis, making it impossible for the Select Committee to consider any good- faith executive privilege assertions. And, as discussed above, claims of testimonial immunity and executive privilege are wholly inapplicable to the range of subjects about which the Select Committee seeks Mr. Navarro's testimony and that Mr. Navarro has seemingly acknowledged involve non-privileged matters. D. Mr. Navarro's failure to appear or produce documents in response to the subpoena warrants holding Mr. Navarro in contempt. An individual who fails or refuses to comply with a House subpoena may be cited for [[Page H4241]] contempt of Congress.\105\ Pursuant to 2 U.S.C. Sec. 192, the willful refusal to comply with a congressional subpoena is punishable by a fine of up to $100,000 and imprisonment for up to 1 year. A committee may vote to seek a contempt citation against a recalcitrant witness. This action is then reported to the House. If a contempt resolution is adopted by the House, the matter is referred to a U.S. Attorney, who has a duty to refer the matter to a grand jury for an indictment.\106\ In a series of email correspondence, Select Committee staff advised Mr. Navarro that his blanket and general claim of ``[e]xecutive [p]rivilege'' did not absolve him of his obligation to produce documents and testify in a deposition. Select Committee staff made clear that it wished to obtain information from Mr. Navarro about topics that would not raise ``any executive privilege concerns at all'' and that Mr. Navarro could assert any ``objections on the record and on a question-by-question basis.''\107\ Mr. Navarro's failure to appear for deposition or produce responsive documents constitutes a willful failure to comply with the subpoena. Daniel Scavino, Jr. A. The Select Committee seeks information from Mr. Scavino central to its investigative purposes. Mr. Scavino's testimony and document production are critical to the Select Committee's investigation. Mr. Scavino is uniquely positioned to illuminate the extent of knowledge and involvement of the former President, Members of Congress, and other individuals and organizations in the planning and instigation of the attack on the Capitol on January 6th, including whether and how these various parties were collaborating. Information in Mr. Scavino's possession is essential to putting other witnesses' testimony and productions into appropriate context and to ensuring the Select Committee can fully and expeditiously complete its work. Mr. Scavino served the former President in various roles related to social media accounts and strategy, from the 2016 Presidential campaign through his service across the tenure of the Trump administration, including as Deputy Chief of Staff for Communications during the time most critical to the Select Committee's investigation. Mr. Scavino's activities on Mr. Trump's behalf went beyond the official duties of a member of the White House staff. Mr. Scavino actively promoted Mr. Trump's political campaign through social media. Scavino was also reportedly present for meetings in November 2020 where then-President Trump consulted with outside advisors about ways to challenge the results of the 2020 election.\108\ Further, the Select Committee has reason to believe that Mr. Scavino was with then-President Trump on January 5th and January 6th and was party to conversations regarding plans to challenge, disrupt, or impede the official congressional proceedings.\109\ Mr. Scavino spoke with Mr. Trump multiple times by phone on January 6th,\110\ and was present with Mr. Trump during the period when Americans inside the Capitol building and across the country were urgently calling on Mr. Trump for help to halt the violence at the Capitol, but Mr. Trump failed to immediately take actions to stop it.\111\ The Select Committee also has reason to believe that Mr. Scavino may have had advance warning of the possibility of violence on January 6th. Public reporting notes that Mr. Scavino had a history of monitoring websites where, in the weeks leading up to January 6th, users discussed potential acts of violence.\112\ Whether and when the President and other senior officials knew of impending violence is highly relevant to the Select Committee's investigation and consideration of legislative recommendations. And again, aside from official duties--in which close aides to the President should assist him in fulfilling his oath-- Mr. Scavino also engaged in activities promoting the Trump Campaign.\113\ Evidence acquired by the Select Committee confirms the widely known fact that Mr. Scavino worked closely with former-President Trump on his social media messaging and likely had access to the credentials necessary to post on the President's accounts.\114\ Indeed, Mr. Scavino frequently composed specific social media posts and discussed specific language with the former President.\115\ During the time leading up to the January 6th attack, public messages issued from President Trump's social media account that the Select Committee believes had the effect of providing false information and enflaming passions about a core tenet of our constitutional democracy. Specifically: On December 19, 2020, 1:42 a.m. ET, from Donald J. Trump: Peter Navarro releases 36-page report alleging election fraud `more than sufficient' to swing victory to Trump https://washex.am/3nwaBCe. A great report by Peter. Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!\116\ On December 19, 2020, 9:41 a.m. ET, from Donald J. Trump: [Joe Biden] didn't win the Election. He lost all 6 Swing States, by a lot. They then dumped hundreds of thousands of votes in each one, and got caught. Now Republican politicians have to fight so that their great victory is not stolen. Don't be weak fools! https://t.co/d9Bgu8XPIj\117\ On December 19, 2020, 2:59 p.m. ET, from Donald J. Trump: The lie of the year is that Joe Biden won! Christina Bobb @OANN.\118\ On December 20, 2020, 12:26 a.m. ET, from Donald J. Trump: GREATEST ELECTION FRAUD IN THE HISTORY OF OUR COUNTRY!!!\119\ On December 22, 2020, 10:29 a.m. ET, from Donald J. Trump: THE DEMOCRATS DUMPED HUNDREDS OF THOUSANDS OF BALLOTS IN THE SWING STATES LATE IN THE EVENING. IT WAS A RIGGED ELECTION!!!\120\ On December 26, 2020, 9:00 a.m. ET, from Donald J. Trump: A young military man working in Afghanistan told me that elections in Afghanistan are far more secure and much better run than the USA's 2020 Election. Ours, with its millions and millions of corrupt Mail-In Ballots, was the election of a third world country. Fake President!\121\ On December 26, 2020, 8:14 a.m. ET, from Donald J. Trump: The ``Justice'' Department and the FBI have done nothing about the 2020 Presidential Election Voter Fraud, the biggest SCAM in our nation's history, despite overwhelming evidence. They should be ashamed. History will remember. Never give up. See everyone in D.C. on January 6th.\122\ On December 28, 2020, 4:00 p.m. ET, from Donald J. Trump: ``Breaking News: In Pennsylvania there were 205,000 more votes than there were voters. This alone flips the state to President Trump.''\123\ On December 30, 2020, 2:38 p.m. ET, from Donald J. Trump: The United States had more votes than it had people voting, by a lot. This travesty cannot be allowed to stand. It was a Rigged Election, one not even fit for third world countries!\124\ On January 4, 2021, 10:07 a.m. ET, from Donald J. Trump: How can you certify an election when the numbers being certified are verifiably WRONG. You will see the real numbers tonight during my speech, but especially on JANUARY 6th. @SenTomCotton Republicans have pluses & minuses, but one thing is sure, THEY NEVER FORGET!\125\ On January 6, 2021, 1:00 a.m. ET, from Donald J. Trump: If Vice President @Mike_Pence comes through for us, we will win the Presidency. Many States want to decertify the mistake they made in certifying incorrect & even fraudulent numbers in a process NOT approved by their State Legislatures (which it must be). Mike can send it back!\126\ On January 6, 2021, 8:17 a.m. ET, from Donald J. Trump: States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage!\127\ On January 6, 2021, 2:24 p.m. ET, from Donald J. Trump: Mike Pence didn't have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!\128\ The Select Committee seeks to question Mr. Scavino, in his capacity as social media manager, about these and other similar communications. Public reporting also notes that Mr. Scavino and his social media team had a history of monitoring websites including ``TheDonald.win,'' an online forum frequented by individuals who openly advocated and planned violence in the weeks leading up to January 6th.\129\ In the summer of 2016, former-President Trump himself engaged in a written question- and-answer session on a precursor to TheDonald.win called ``/ r/The_Donald,'' which was a subreddit (a forum on the website Reddit.com) at the time.\130\ The online Reddit community, which had upward of 790,000 users, was banned by Reddit in mid-2020,\131\ after which it migrated to another online forum located at TheDonald.win.\132\ Mr. Scavino reportedly amplified content from this community, while his social media team also interacted with the site's users. During the 2016 Presidential campaign, ``a team in the war room at Trump Tower was monitoring social media trends, including [/r/The_Donald] subreddit . . . and privately communicating with the most active users to seed new trends.''\133\ Trump ``campaign staffers monitored Twitter and [/r/The_Donald] subreddit, and pushed any promising trends up to social media director Dan Scavino, who might give them a boost with a tweet.''\134\ In 2017, former-President Trump tweeted a video of himself attacking CNN.\135\ The video had appeared on /r/ The_Donald 4 days earlier.\136\ In 2019, Politico reported that Mr. Scavino ``regularly monitors Reddit, with a particular focus on the pro-Trump /r/The_Donald channel.''\137\ [[Page H4242]] On December 19, 2020, the same day Mr. Trump tweeted ``Big protest in D.C. on January 6th . . . Be there, will be wild!,'' users on posts on TheDonald.win, began sharing ``specific techniques, tactics, and procedures for the assault on the Capitol.''\138\ The ``ensuing weeks of communications on the site included information on how to use a flagpole as a weapon, how to smuggle firearms into DC, measurements for a guillotine, and maps of the tunnel systems under the Capitol building.''\139\ On January 5, 2021, a user on TheDonald.win encouraged Mr. Trump's supporters to ``be prepared to secure the capitol building,'' claiming that ``there will be plenty of ex military to guide you.''\140\ Multiple other posts on TheDonald.win made it clear that the U.S. Capitol was a target, with one poster writing that people should bring ``handcuffs and zip ties to DC'' so they could enact ``citizen's arrests'' of those officials who certified the election's results.\141\ Another post on TheDonald.win was headlined ``most important map for January 6th. Form a TRUE LINE around the Capitol and the tunnels.''\142\ That ``post included a detailed schematic of Capitol Hill with the tunnels surrounding the complex highlighted.''\143\ One thread posted on TheDonald.win, and pertaining to Mr. Trump's December 19, 2020, tweet, reportedly received more than ``5,900 replies and over 24,000 upvotes.''\144\ The ``general consensus among the users'' on these threads ``was that Trump had essentially tweeted permission to disregard the law in support of him.''\145\ For example, one user wrote, ``[Trump] can't exactly openly tell you to revolt. This is the closest he'll ever get.''\146\ Just weeks before the January 6, 2021, attack on the U.S. Capitol, former-President Trump shared content on Twitter that apparently originated on TheDonald.win. On December 19, 2020, former-President Trump tweeted a video titled, ``FIGHT FOR TRUMP!- SAVE AMERICA- SAVE THE WORLD.''\147\ The video had reportedly appeared on TheDonald.win 2 days earlier.\148\ Mr. Scavino also promoted the candidacy of Donald Trump and other political candidates on his own social media account. For example, he produced these public messages on Twitter: On October 16, 2020, 8:26 p.m. ET, from Dan Scavino Jr.[American flag][Eagle]: [Alert]HAPPENING NOW!! 10/16/20-Macon, GA! MAGA[American flag][Eagle] [Globe with meridians]Vote.DonaldJTrump.com'' [Four pictures of a presidential campaign rally]\149\ On November 6, 2020, 12:04 a.m. ET, from Dan Scavino Jr.[American flag][Eagle]: [Tweeting a Fox News segment, ``Charges of Mail-In Ballot Fraud are Rampant'']\150\ On December 6, 2020, 12:34 a.m. ET, from Dan Scavino Jr.[American flag][Eagle]: ``I am thrilled to be back in Georgia, w/1,000's of proud, hardworking American Patriots! We are gathered together to ensure that @sendavidperdue & @KLoeffler WIN the most important Congressional runoff in American History. At stake in this election is control of the Senate!'' -DJT [Video; https://twitter.com/i/status/1335457640072310784]\151\ On January 2, 2021, 9:04 p.m. ET, from Dan Scavino Jr.[American flag][Eagle]: [Tweeting out a video encouraging people to ``Be a Part of History'' and ``Join the March'' on January 6th.]\152\ The Select Committee has a legitimate interest in seeking information from Mr. Scavino about his activities that were outside the scope of his responsibilities as a Federal Government official. It is beyond reasonable dispute that the ``stolen election'' narrative played a major role in motivating the violent attack on the Capitol. Violent rioters' social media posts, contemporaneous statements on video, and filings in Federal court provide overwhelming evidence of this. To take just a few examples--though there are many others--statements from individuals charged with crimes associated with the January 6th attack include: ``I'm going to be there to show support for our president and to do my part to stop the steal and stand behind Trump when he decides to cross the rubicon.''\153\ ``Trump is literally calling people to DC in a show of force. Militias will be there and if there's enough people they may fucking storm the buildings and take out the trash right there.''\154\ ``Trump said It's gonna be wild!!!!!!! It's gonna be wild!!!!!!! He wants us to make it WILD that's what he's saying. He called us all to the Capitol and wants us to make it wild!!! Sir Yes Sir!!! Gentlemen we are heading to DC pack your shit!!''\155\ Mr. Scavino's promotion of the January 6th events, his reported participation in multiple conversations about challenging the election, and his reported presence with then-President Trump as the attack unfolded and in its aftermath make his testimony essential to fully understanding the events of January 6th, including Presidential activities and responses that day. His two distinct roles--as White House official in the days leading up to and during the attack, and as a campaign social media promoter of the Trump ``stolen election'' narrative--provide independent reasons to seek his testimony and documents. B. Mr. Scavino has refused to comply with the Select Committee's subpoena for testimony and documents. On September 23, 2021, Chairman Thompson signed and issued a subpoena, cover letter, and schedule to Mr. Scavino ordering the production of both documents and testimony relevant to the Select Committee's investigation into ``important activities that led to and informed the events at the Capitol on January 6, 2021.''\156\ Chairman Thompson's letter identified public reports describing Mr. Scavino's activities and past statements, and documented some of the public information that gave the Select Committee reason to believe Mr. Scavino possesses information about matters within the scope of the Select Committee's inquiry. The specific documents the Chairman ordered produced are found in the schedule in Appendix II, Ex. 6. The schedule identified documents including but not limited to those reflecting Mr. Scavino's role in planning and promoting the January 6, 2021, rally and march in support of Mr. Trump; Mr. Trump's participation in the rally and march; Mr. Scavino's communications with Members of Congress or their staff about plans for January 6th; and communications with others known to be involved with the former President's 2020 election campaign and subsequent efforts to undermine or cast doubt on the results of that election. The subpoena required Mr. Scavino to produce the requested documents to the Select Committee on October 7, 2021, at 10 a.m. ET and required Mr. Scavino's presence for the taking of testimony on October 15, 2021, at 10 a.m.\157\ The Select Committee was unable to locate Mr. Scavino for service and therefore issued a new subpoena on October 6, 2021.\158\ On October 8, 2021, U.S. Marshals served this new subpoena at Mar-a-Lago, Mr. Scavino's reported place of employment, to Ms. Susan Wiles, who represented herself as chief of staff to former-President Trump and as authorized to accept service on Mr. Scavino's behalf.\159\ The subpoena required that Mr. Scavino produce responsive documents not later than October 21, 2021, and that Mr. Scavino appear for a deposition on October 28, 2021.\160\ On October 20, 2021, Stanley E. Woodward, Jr., of Brand Woodward Law notified the Select Committee that his firm had been retained to represent Mr. Scavino.\161\ Per a telephone conversation later that day, Mr. Woodward notified the Select Committee that he was still in the process of ascertaining whether Mr. Scavino had responsive documents and requested an extension of the deadlines in the October 6, 2021, subpoena. The Select Committee granted an extension of 1 week, delaying the production deadline to October 28th and the deposition to November 4th.\162\ On October 27, 2021, Mr. Woodward emailed to request an additional extension, and the Select Committee granted that request, postponing the production deadline to November 4th and the deposition to November 12th.\163\ On November 2, 2021, Mr. Woodward emailed to express difficulty in meeting the document production deadline. The following day, the Select Committee agreed to an additional production postponement to November 5th.\164\ On November 5, 2021, rather than produce any responsive documents in his client's possession, Mr. Woodward communicated by letter that his client would not be producing any documents. Instead, he asserted vague claims of executive privilege that were purportedly relayed by the former President, but which have never been presented by the former President to the Select Committee.\165\ Mr. Woodward's letter cited an attached October 6, 2021, letter from former- President Trump's counsel Justin Clark to Mr. Scavino that instructed him to ``invoke any immunities and privileges you may have from compelled testimony,'' ``not produce any documents concerning your official duties,'' and ``not provide any testimony concerning your official duties.''\166\ On November 9, 2021, the Select Committee Chairman responded to Mr. Woodward requesting that Mr. Scavino provide a ``privilege log that specifically identifies each document and each privilege that he believes applies,'' and explained to Mr. Scavino that ``categorical claims of executive privilege are improper, and any claim of executive privilege must be asserted narrowly and specifically.'' The Chairman also reminded Mr. Woodward that the subpoena demanded ``all communications including those conducted on Mr. Scavino's personal social media or other accounts and with outside parties whose inclusion in a communication with Mr. Scavino would mean that no executive privilege claim can be applicable.''\167\ The November 9th letter also detailed, at Mr. Woodward's request, the various specific topics the Select Committee wished to discuss with Mr. Scavino at his deposition scheduled for November 12, 2021, and requested that Mr. Woodward identify topics that he agreed did not implicate any privileges and identify with specificity any privileges that did apply to each specific topic. On November 10, 2021, following correspondence with Mr. Woodward, the Select Committee agreed to an additional extension to November 15, 2021, for document production and November 19, 2021, for the deposition, to allow Mr. Woodward additional time to discuss the November 9th letter with his client.\168\ On November 15th, Mr. Woodward sent a letter refusing to provide the requested [[Page H4243]] privilege log and asserted that a such log would undermine the former President's assertions of privilege. Instead, Mr. Woodward identified categories of documents he believed to be privileged, including communications between Mr. Scavino and Members of Congress, and between Mr. Scavino and ``non- Government third-parties.''\169\ On November 18, 2021, Mr. Woodward sent another letter wherein he, for the first time, and following weeks of discussions about the items listed in the October 6th subpoena, challenged the service of that subpoena as deficient. He also challenged the Select Committee's legislative purpose and demanded that the Select Committee provide a detailed explanation of the pertinence of every line of inquiry it intended to pursue at the scheduled deposition.\170\ On November 23, 2021, the Select Committee issued yet another subpoena to Mr. Scavino, whose counsel agreed to accept service.\171\ The November 23rd subpoena granted a final extension of the document production deadline to November 29, 2021, and the deposition to December 1, 2021. The same day, the Select Committee transmitted a letter explaining the relevance of Mr. Scavino's testimony to the Select Committee's authorizing resolution and responding to the numerous specious objections in the November 18th letter.\172\ On November 26, 2021, Mr. Woodward again wrote to the Select Committee and declined to comply with the subpoena for documents and testimony unless the Select Committee provided a detailed explanation of the pertinence of each of its expected questions and lines of inquiry for Mr. Scavino.\173\ He also reasserted Mr. Scavino's refusal to testify in light of Trump v. Thompson,\174\ the since-resolved litigation regarding Mr. Trump's ability to assert executive privilege over documents the incumbent President has already approved for release. Mr. Scavino failed to produce any documents by the November 29, 2021, deadline, and did not appear for his deposition on December 1, 2021.\175\ On December 9, 2021, the Select Committee sent a letter to Mr. Woodward documenting Mr. Scavino's failure to comply with the subpoena and informing him that the Select Committee would proceed to enforcement.\176\ On December 13, 2021, Mr. Woodward responded in a letter disputing that Mr. Scavino had failed to cooperate with the investigation and reiterating many of his previous objections.\177\ On February 4, 2022, in light of the Supreme Court's denial of a stay and injunction sought by former-President Trump in Trump v. Thompson\178\ to prevent the National Archives from providing documents to the Select Committee on the basis of executive privilege, the Select Committee again contacted Mr. Scavino and gave him an additional opportunity to comply.\179\ On February 8, 2022, Mr. Woodward responded, asserting that Mr. Scavino still intended to withhold information at Mr. Trump's direction until the ultimate resolution of Mr. Trump's claims.\180\ C. Mr. Scavino's purported basis for non-compliance is wholly without merit. Congress has the power to compel witnesses to testify and produce documents.\181\ An individual--whether a member of the public or an executive branch official--has a legal (and patriotic) obligation to comply with a duly issued and valid congressional subpoena, unless a valid and overriding privilege or other legal justification permits non- compliance.\182\ In United States v. Bryan, the Supreme Court stated: A subpoena has never been treated as an invitation to a game of hare and hounds, in which the witness must testify only if cornered at the end of the chase. If that were the case, then, indeed, the great power of testimonial compulsion, so necessary to the effective functioning of courts and legislatures, would be a nullity. We have often iterated the importance of this public duty, which every person within the jurisdiction of the Government is bound to perform when properly summoned.\183\ It is important to note that the Select Committee sought testimony from Mr. Scavino on topics and interactions as to which there can be no conceivable privilege claim. Examples of those are provided below. The Select Committee is entitled to Mr. Scavino's testimony on each of them, regardless of his claims of privilege over other categories of information and communications. In United States v. Nixon, 418 U.S. 683, 703- 16 (1974), the Supreme Court recognized an implied constitutional privilege protecting Presidential communications. The Court held though that the privilege is qualified, not absolute, and that it is limited to communications made ``in performance of [a President's] responsibilities of his office and made in the process of shaping policies and making decisions.''\184\ Executive privilege is a recognized privilege that, under certain circumstances, may be invoked to bar congressional inquiry into communications covered by the privilege. Mr. Scavino has refused to testify in response to the subpoena ostensibly based on broad assertions of executive privilege purportedly asserted by former-President Trump. Even if any such privilege may have been applicable to some aspect of Mr. Scavino's testimony, he was required to produce a privilege log noting any applicable privileges with specificity and to appear before the Select Committee for his deposition, answer any questions concerning non-privileged information, and assert any such privilege on a question-by-question basis. 1. President Biden decided not to invoke executive privilege to prevent testimony by Mr. Scavino, and Mr. Trump has not invoked executive privilege with respect to Mr. Scavino. As described above, President Biden considered whether to invoke executive privilege and whether to assert immunity with regard to the subpoena for Mr. Scavino.\185\ He declined to do so with respect to particular subjects within the purview of the Select Committee, and the White House informed Mr. Scavino's counsel of that decision in a letter on March 15, 2022.\186\ President Biden made this determination based on his assessment of the ``unique and extraordinary nature of the matters under investigation.''\187\ Former-President Trump has had no communication with the Select Committee. In a November 5th letter to the Select Committee, Mr. Scavino's attorney referred to correspondence from former-President Trump's attorney, Justin Clark, in which Mr. Clark asserted that the Select Committee subpoena seeks information that is ``protected from disclosure by the executive and other privileges, including among others the presidential communications, deliberative process, and attorney-client privileges.''\188\ The Committee has received no such correspondence from or on behalf of former-President Trump. Without a formal assertion of executive privilege by Mr. Trump to the Select Committee, Mr. Scavino cannot establish the foundational element of a claim of executive privilege: an invocation of the privilege by the executive. In United States v. Reynolds, 345 U.S. 1, 7-8 (1953), the Supreme Court held that executive privilege: [B]elongs to the Government and must be asserted by it; it can neither be claimed nor waived by a private party. It is not to be lightly invoked. There must a formal claim of privilege, lodged by the head of the department which has control over the matter, after actual personal consideration by that officer.\189\ Here, the Select Committee has not been provided with any formal invocation of executive privilege by the President or the former President or any other employee of the executive branch. Mr. Scavino's third-hand, categorical assertion of privilege, without any description of the specific documents or specific testimony over which privilege is claimed, is insufficient to activate a claim of executive privilege. 2. Even if Mr. Trump had actually invoked executive privilege, the privilege would not bar the Select Committee from lawfully obtaining the documents and testimony it seeks from Mr. Scavino. Executive privilege does not extend to discussions relating to non-governmental business or among private citizens.\190\ In In re Sealed Case (Espy), the D.C. Circuit explained that the Presidential communications privilege ``only applies to communications [with close Presidential advisers] in the course of performing their function of advising the President on official government matters.''\191\ The court stressed: ``The Presidential communications privilege should never serve as a means of shielding information regarding governmental operations that do not call ultimately for direct decision-making by the President.''\192\ As noted by the Supreme Court, the privilege is ``limited to communications `in performance of [a President's] responsibilities,' `of his office,' and made `in the process of shaping policies and making decisions.' ''\193\ And the D.C. Circuit recently considered and rejected former- President Trump's executive privilege assertions over information sought by the Select Committee. That court concluded that ``the profound interests in disclosure advanced by President Biden and the January 6th Committee far exceed his generalized concerns for Executive Branch confidentiality.''\194\ The Select Committee seeks information from Mr. Scavino on a wide range of subjects that it is inconceivable executive privilege would reach. For example, the Select Committee seeks information from Mr. Scavino about his interactions with private citizens, Members of Congress, or others outside the White House related to the 2020 election or efforts to overturn its results. And, among other things, the Select Committee also seeks information from Mr. Scavino about his use of personal communications accounts and devices. Even with respect to Select Committee inquiries that involve Mr. Scavino's direct communications with Mr. Trump, it is well-established that executive privilege does not bar Select Committee access to that information. Only communications that relate to official Government business and Presidential decision-making on those official matters can be covered by the Presidential communications privilege.\195\ Here, Mr. Scavino's conduct regarding several subjects of concern to the Select Committee is not related to official Government business. These include Mr. Scavino's participation in calls and meetings that clearly concerned Mr. Trump's campaign rather than his official Government business; participation in meetings with Mr. Trump and others about a strategy for reversing the outcome of the 2020 election; or efforts to promote the January 6th rally on the Ellipse. Moreover, even with respect to any subjects of concern that arguably involve official Government business, executive privilege is a qualified privilege and the Select [[Page H4244]] Committee's need for this information to investigate the facts and circumstances surrounding the January 6th assault on the U.S. Capitol and the Nation's democratic institutions far outweighs any executive branch interest in maintaining confidentiality.\196\ As noted by the White House, ``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.''\197\ 3. Mr. Scavino is not immune from testifying or producing documents in response to the subpoena. Even if some aspect of Mr. Scavino's testimony was shielded by executive privilege, he was required to appear for his deposition and assert executive privilege on a question-by- question basis.\198\ Mr. Scavino's refusal to do so made it impossible for the Select Committee to consider any good- faith executive privilege assertions. Mr. Scavino has refused to appear for a deposition based on his purported reliance on alleged ``absolute testimonial immunity.'' No court has recognized any such immunity, and Mr. Scavino has not provided any rationale for applying any form of immunity to his unofficial actions assisting Mr. Trump's campaign to overturn the election. President Biden-- who now serves as the President--has declined to assert immunity in response to the subpoena to Mr. Scavino. As noted above,\199\ the general theory that a current or former White House senior advisor may be immune from testifying before Congress is based entirely on internal memoranda from OLC, and courts have uniformly rejected this theory.\200\ But, as was also noted above,\201\ those internal OLC memoranda do not address a situation in which the incumbent President has decided to not assert privilege, and by their own terms they apply only to testimony ``about [a senior official's] official duties,'' not testimony about unofficial actions or private conduct.\202\ Many of the topics Chairman Thompson identified in his correspondence with Mr. Scavino's counsel are unrelated to Mr. Scavino's official duties and would neither fall under the reach of any ``absolute immunity'' theory nor any privilege whatsoever. For instance: Mr. Scavino was not conducting official and privileged business to the extent he attended discussions regarding efforts to urge State legislators to overturn the results of the November 2020 election and guarantee a second term for Mr. Trump. Mr. Scavino was not conducting official and privileged business to the extent he assisted Mr. Trump with campaign-related social media communications, including communications recruiting a violent crowd to Washington, spreading false information regarding the 2020 election, and any other communications provoking violence on January 6th. Mr. Scavino was not conducting official and privileged business to the extent he communicated with organizers of the January 6, 2021, rally, including Kylie Kremer and Katrina Pierson, regarding messaging, speakers, and even his own appearance and scheduled remarks at the event, which was not an official White House event but rather a campaign appearance.\203\ Mr. Scavino was not engaged in official and privileged business to the extent he used his personal social media accounts and devices to coordinate with Trump campaign officials, including Jason Miller, throughout the fall and winter of 2020 regarding messaging, campaign events, purported election fraud, and attempts to overturn the 2020 election results.\204\ Mr. Scavino was not engaged in official and privileged business to the extent he counseled Mr. Trump regarding whether, how, and when to challenge or concede the 2020 election. The Select Committee specifically identified to Mr. Scavino these and other topics as subjects for his deposition testimony, and he had the legal obligation to appear before the Select Committee and address them on the record. D. Mr. Scavino's failure to appear or produce documents in response to the subpoena warrants holding Mr. Scavino in contempt. An individual who fails or refuses to comply with a House subpoena may be cited for contempt of Congress.\205\ Pursuant to 2 U.S.C. Sec. 192, the willful refusal to comply with a congressional subpoena is punishable by a fine of up to $100,000 and imprisonment for up to 1 year. A committee may vote to seek a contempt citation against a recalcitrant witness. This action is then reported to the House. If a contempt resolution is adopted by the House, the matter is referred to a U.S. Attorney, who has a duty to refer the matter to a grand jury for an indictment.\206\ In his November 9th and November 23rd letters to Mr. Scavino's counsel, the Chairman of the Select Committee advised Mr. Scavino that his claims of executive privilege were not well-founded and did not absolve him of his obligation to produce documents and testify in deposition.\207\ The Chairman made clear that the Select Committee expected Mr. Scavino to produce documents and to appear for his deposition, which was ultimately scheduled for December 1st. And on February 4, 2022, the Chairman again invited Mr. Scavino to appear before the Select Committee in light of the resolution of Trump v. Thompson. The Chairman again warned Mr. Scavino that his continued non-compliance would put him in jeopardy of a vote to refer him to the House to consider a criminal contempt referral. Mr. Scavino's failure to appear for deposition or produce responsive documents in the face of this clear advisement and warning by the Chairman constitutes a willful failure to comply with the subpoena. Select Committee Consideration The Select Committee met on Monday, March 28, 2022, with a quorum being present, to consider this Report and ordered it and the Resolution contained herein to be favorably reported to the House, without amendment, by a recorded vote of 9 ayes to 0 noes. Select Committee Vote Clause 3(b) of rule XIII of the Rules of the U.S. House of Representatives requires the Select Committee to list the recorded votes during consideration of this Report: 1. A motion by Ms. Cheney to report the Select Committee Report on a Resolution Recommending that the House of Representatives find Peter K. Navarro and Daniel Scavino, Jr., in Contempt of Congress for Refusal to Comply with Subpoenas Duly Issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol favorably to the House was agreed to by a recorded vote of 9 ayes to 0 noes (Rollcall No. 4). Select Committee Rollcall No. 4 Motion by Ms. Cheney to Favorably Report Agreed to: 9 ayes to 0 noes ------------------------------------------------------------------------ Members Vote ------------------------------------------------------------------------ Ms. Cheney, Vice Chair.................................... Aye Ms. Lofgren............................................... Aye Mr. Schiff................................................ Aye Mr. Aguilar............................................... Aye Mrs. Murphy (FL).......................................... Aye Mr. Raskin................................................ Aye Mrs. Luria................................................ Aye Mr. Kinzinger............................................. Aye Mr. Thompson (MS), Chairman............................... Aye ------------------------------------------------------------------------ Select Committee Oversight Findings In compliance with clause 3(c)(1) of rule XIII, the Select Committee advises that the oversight findings and recommendations of the Select Committee are incorporated in the descriptive portions of this Report. Congressional Budget Office Estimate The Select Committee finds the requirements of clause 3(c)(2) of rule XIII and section 308(a) of the Congressional Budget Act of 1974, and the requirements of clause3(c)(3) of rule XIII and section 402 of the Congressional Budget Act of 1974, to be inapplicable to this Report. Accordingly, the Select Committee did not request or receive a cost estimate from the Congressional Budget Office and makes no findings as to the budgetary impacts of this Report or costs incurred to carry out the Report. Statement of General Performance Goals and Objectives Pursuant to clause 3(c)(4) of rule XIII, the objective of this Report is to enforce the Select Committee's authority to investigate the facts, circumstances, and causes of the January 6th attack and issues relating to the interference with the peaceful transfer of power, in order to identify and evaluate problems and to recommend corrective laws, policies, procedures, rules, or regulations; and to Cenforce the Select Committee's subpoena authority found in section 5(c)(4) of House Resolution 503. ENDNOTES \1\ Peter Navarro, In Trump Time: My Journal of America's Plague Year, (All Seasons Press, 2021), at pp. 251-52. \2\ Jose Pagliery, ``Trump Adviser Peter Navarro Lays Out How He and Bannon Planned to Overturn Biden's Electoral Win,'' The Daily Beast, (December 27, 2021), available at https:// www.thedailybeast.com/trump-advisor-peter-navarro-lays-out- how-he-and-steve-bannon-planned-to-overturn-bidens-electoral- win. \3\ Peter Navarro, ``The Navarro Report,'' (2020, updated 2021), available at https://peternavarro.com/the-navarro- report/. \4\ See Appendix I, Ex. 1. \5\ See Appendix I, Ex. 2. \6\ Scott MacFarlane (@MacFarlaneNews), Twitter, Feb. 9, 2022 5:38 p.m. ET, available at https://twitter.com/ MacFarlaneNews/status/1491542034662019078. \7\ ``Transcript: The Beat with Ari Melber, 2/10/22,'' MSNBC, (Feb. 10, 2022), available at https://www.msnbc.com/ transcripts/the-beat-with-ari-melber/transcript-beat-ari- melber-2-10-22-n1289032. \8\ See Appendix I, Ex. 3. \9\ See Appendix I, Ex. 4. \10\ Id. \11\ Id. \12\ Id. \13\ Id. \14\ Id. \15\ See Appendix I, Ex. 5. \16\ See Appendix I, Ex. 6. \17\ Id. \18\ See Appendix I, Ex. 7. \19\ Id. \20\ See Appendix I, Ex. 8. \21\ Ryan Nobles, Paula Reid, and Annie Grayer, ``Trump adviser Peter Navarro skips scheduled deposition with January 6 committee,'' CNN, (March 2, 2022), available at https:// www.cnn.com/2022/03/02/politics/peter-navarro-january-6/ index.html. \22\ Id. \23\ United States v. Bryan, 339 U.S. 323, 331 (1950). \24\ Trump v. Mazars USA LLP, 140 S.Ct. 2019, 2036 (2020) (emphasis in original; internal quotation marks removed). See also Watkins v. United States, 354 U.S. 178, 187-88 (1957) (stating of citizens that ``It is their unremitting obligation to respond to subpoenas, to respect the dignity of the Congress and [[Page H4245]] its committees, and to testify fully with respect to matters within the province of proper investigation.''). \25\ The prison term for this offense makes it a Class A misdemeanor. 18 U.S.C. 3559(a)(6). By that classification, the penalty for contempt of Congress specified in 2 U.S.C. 192 increased from $1,000 to $100,000. 18 U.S.C. 3571(b)(5). \26\ As explained below, the Chairman issued three subpoenas to Mr. Scavino. The first was dated September 23, 2021, but could not be served because Mr. Scavino could not be located. The second was dated October 6, 2021, and was served on October 8, 2021. After Mr. Scavino challenged service of the second subpoena, the Chairman issued a third on November 23, 2021, and electronically served it on Mr. Scavino's attorney. \27\ See Appendix II, Ex. 1. \28\ Id. \29\ See Appendix II, Ex. 2. \30\ Id. \31\ Id. \32\ Id. \33\ See Appendix II, Ex. 3. \34\ See Appendix II, Ex. 4. See also Trump v. Thompson, 2021 U.S. App. LEXIS 36315, at *46 (D.C. Cir. Dec. 9, 2021), cert. denied, 2022 U.S. LEXIS 796 (U.S., Feb. 22, 2022). \35\ See Appendix II, Ex. 5. \36\ Id. \37\ United States v. Bryan, 339 U.S. 323, 331 (1950). \38\ See supra, at note 24. \39\ See supra, at note 25. \40\ H. Res. 503, 117th Cong., Sec. 3(1) (2021) \41\ Id. \42\ Watkins v. United States, 354 U.S. 178, 187 (1957). See also Trump v. Mazars USA, LLP, 140 S.Ct. 2019, 2031 (2020). \43\ McGrain v. Daugherty, 273 U.S. 135, 174 (1927). \44\ Ashland Oil, Inc. v. FTC, 409 F.Supp. 297, 305 (D.D.C. 1976), aff'd, 548 F.2d 977 (D.C. Cir. 1976) (quoting McGrain, 273 U.S. at 175). \45\ Pub. L. 79-601, 79th Cong. 136, (1946). \46\ Pub. L. 91-510, 91st Cong. 118, (1970). \47\ Speaker Pelosi detailed such consultation and her selection decisions in a July 21, 2021, press release, available at https://www.speaker.gov/newsroom/72121-2. \48\ 167 Cong. Rec. 115 (July 1, 2021), at p. H3597 and 167 Cong. Rec. 130 (July 26, 2021), at p. H3885. The January 4, 2021, order of the House provides that the Speaker is authorized to accept resignations and to make appointments authorized by law or by the House. See 167 Cong. Rec. 2 (Jan. 4, 2021), at p. H37. \49\ House rule XI, cl. 2(m)(1)(B), 117th Cong., (2021); H. Res. 503, 117th Cong. 5(c)(4), (2021). \50\ H. Res. 503, 117th Cong. 5(c)(6), (2021). \51\ H. Res. 503, 117th Cong. 3(1) (2021). \52\ Exec. Order No. 13797, 82 Fed. Reg. 20821 (April 29, 2017). \53\ Id., at Sec. 2. \54\ Id., at Sec. 3. \55\ Exec. Order No. 13911, 85 Fed. Reg. 18403 (Mar. 27, 2020), at Sec. Sec. 1, 6. \56\ Federal law requires a separation of duties for Federal officials who decide to engage in campaign activities. The Hatch Act generally prohibits officials, such as Mr. Navarro, from using their official authority or influence to affect the outcome of an election. See 5 U.S.C. Sec. 7323(a); 5 C.F.R. Sec. 734.101 (defining ``political activity''); 5 C.F.R. Sec. 734.302 (prohibiting use of official title while engaged in political activity). This would have prevented Mr. Navarro from acting as both a White House official and as a campaign official on certain matters or communications. See also ``Investigation of Political Activities by Senior Trump Administration Officials During the 2020 Presidential election,'' Report of the Office of Special Counsel, (Nov. 9, 2021), at pp. 17, 22-23. \57\ Peter Navarro, ``The Navarro Report,'' (2020, updated 2021), available at https://peternavarro.com/the-navarro- report/. \58\ ``Peter Navarro `The Immaculate Deception' Report News Conference Transcript,'' (Dec. 17, 2020), available at https://www.rev.com/blog/transcripts/peter-navarro-the- immaculate-deception-report-news-conference-transcript. \59\ Documents on file with the Select Committee. \60\ Donald Trump (@realDonaldTrump), Twitter, Dec. 19, 2020 1:42 a.m. ET, available at http://web.archive.org/web/ 20201225035520mp_/https://twitter.com/realDonaldTrump/status/ 1340185773220515840 (archived). \61\ Tom Dickinson, ``Peter Navarro: Trump Distributed Bogus Election Fraud Research to `Every' congressional Republican,'' Rolling Stone, (Jan. 3, 2022) available at https://www.rollingstone.com/politics/politics-news/peter- navarro-interview-jan-6-electoral-college-1277938/. \62\ Documents on file with the Select Committee. \63\ Documents on file with the Select Committee. See also Gohmert, et al. v. Pence, 510 F. Supp. 3d 435 (E.D. Tex. 2021). \64\ Paul Bedard, ``Exclusive: Trump urges state legislators to reject electoral votes, `You are the real power,' '' Washington Examiner, (Jan. 3, 2021), available at https:// www.washingtonexaminer.com/washington-secrets/exclusive- trump-urges-state-legislators-to-reject-electoral-votes-you- are-the-real-power. \65\ Id. \66\ Documents on file with the Select Committee. \67\ Navarro, In Trump Time (2021). \68\ Id., at p. 225. \69\ Id., at pp. 241-42. \70\ See, e.g., id. \71\ Id. \72\ Id., at pp. 251-52. \73\ Id., at p. 252. \74\ Documents on file with the Select Committee. \75\ Documents on file with the Select Committee. \76\ Tom Dickinson, ``Peter Navarro: Trump Distributed Bogus Election Fraud Research to `Every' Congressional Republican,'' Rolling Stone, (Jan. 3, 2022) available at https://www.rollingstone.com/politics/politics-news/peter- navarro-interview-jan-6-electoral-college-1277938/. \77\ See Appendix I, Ex. 1. \78\ Id. \79\ See Appendix I, Ex. 8. \80\ McGrain, 273 U.S. at 174 (``We are of opinion that the power of inquiry--with process to enforce it--is an essential and appropriate auxiliary to the legislative function.''); Barenblatt v. United States, 360 U.S. 109, 111 (1959) (``The scope of the power of inquiry, in short, is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.''). \81\ Watkins, 354 U.S. at 187-88 (``It is unquestionably the duty of all citizens to cooperate with the Congress in its efforts to obtain the facts needed for intelligent legislative action.''); see also Committee on the Judiciary v. Miers, 558 F. Supp.2d 53, 99 (D.D.C. 2008) (``The Supreme Court has made it abundantly clear that compliance with a congressional subpoena is a legal requirement.'') (citing United States v. Bryan, 339 U.S. 323, 331 (1950)). \82\ United States v. Bryan, 339 U.S. 323, 331 (1950). \83\ United States v. Nixon, 418 U.S. 683, 703-16 (1974) \84\ Nixon v. Administrator of General Services (GSA), 433 U.S. 425, 449 (1977) (internal quotes and citations omitted). \85\ Trump v. Thompson, 2021 U.S. App. LEXIS 36315, at *46 (D.C. Cir. Dec. 9, 2021), cert. denied, 2022 U.S. LEXIS 796 (U.S., Feb. 22, 2022). \86\ See Appendix I, Ex. 2. \87\ See Appendix I, Ex. 6. \88\ See also United States v. Burr, 25 F. Cas. 187, 192 (CCD Va. 1807) (ruling that President Jefferson had to personally identify the passages he deemed confidential and could not leave this determination to the U.S. Attorney). \89\ Indeed, as noted above, President Biden has determined that no assertion of executive privilege is warranted by Mr. Navarro with respect to the areas of inquiry by the Select Committee. See Appendix I, Ex. 6. \90\ See Nixon v. GSA, 433 U.S. at 449. \91\ In re Sealed Case (Espy), 121 F.3d 729, 752 (D.C. Cir. 1997). \92\ Navarro, In Trump Time, at pp. 241-42. \93\ See, e.g., id., at p. 222. \94\ See, e.g., id., at p. 266-72. \95\ See, e.g., Espy, 121 F.3d at 741-42 (discussing waiver and concluding that ``the White House has waived its claims of [executive] privilege in regard to the specific documents that it voluntarily revealed to third parties outside the White House''). \96\ See Espy, 121 F.3d at 752 (``the privilege only applies to communications . . . in the course of performing their function of advising the President on official government matters''); cf. In re Lindsey, 148 F.3d 1100, 1106 (D.C. Cir. 1998) (Deputy White House Counsel's ``advice [to the President] on political, strategic, or policy issues, valuable as it may have been, would not be shielded from disclosure by the attorney-client privilege''). \97\ Espy, 121 F.3d at 752. \98\ See supra, at note 56. \99\ Trump v. Thompson, 2021 U.S. App. 36315 (D.C. Cir. Dec. 9, 2021). \100\ See Appendix I, Ex. 6. \101\ See Committee on the Judiciary v. McGahn, 415 F. Supp.3d 148, 214 (D.D.C. 2019) (and subsequent history) (``To make the point as plain as possible, it is clear to this Court for the reasons explained above that, with respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist.''); Committee on the Judiciary v. Miers, 558 F. Supp.2d 53, 101 (D.D.C. 2008) (holding that White House counsel may not refuse to testify based on direction from the President that testimony will implicate executive privilege). \102\ Id. \103\ See, e.g., Memorandum Opinion for the Counsel to the President, Office of Legal Counsel, Testimonial Immunity Before Congress of the Former Counsel to the President, 43 O.L.C. at 1 (May 20, 2019) (Slip Opinion); Letter Opinion for the Counsel to the President, Testimonial Immunity Before Congress of the Assistant to the President and Senior Counselor to the President, 43 O.L.C. 1 at 1 (July 12, 2019) (Slip Opinion). \104\ See, e.g., Memorandum for the Honorable John W. Dean III, Counsel to the President, from Ralph E. Erickson, Assistant Attorney General, Office of Legal Counsel, Re: Appearance of Presidential Assistant Peter M. Flanigan Before a Congressional Committee at 1 (Mar. 15, 1972) (emphasis added). \105\ Eastland v. U.S. Servicemen's Fund, 421 U.S. 491 (1975). \106\ See 2 U.S.C. Sec. 194. \107\ See Appendix I, Ex. 4. \108\ Carol Leonnig and Phillip Rucker, I Alone Can Fix It, (New York: Penguin, 2021), at p. 377. \109\ Bob Woodward and Robert Costa, Peril, (New York: Simon & Schuster, 2021), at p. 231; Michael C. Bender, ``Frankly, We Did Win This Election'': The Inside Story of How Trump Lost, (New York: Twelve Books, 2021), at p. 373. \110\ Documents on file with the Select Committee. \111\ See Leonnig and Rucker, I Alone Can Fix It, at p. 465. \112\ Justin Hendrix, ``TheDonald.win and President Trump's Foreknowledge of the Attack on the Capitol,'' Just Security, (Jan. 12, 2022), available at https://www.justsecurity.org/ 79813/thedonald-win-and-president-trumps-foreknowledge-of- the-attack-on-the-capitol/ (discussing Mr. Scavino's social media practices for the President and noting that ``[t]he sharing of specific techniques, tactics, and procedures for the assault on the Capitol started on The Donald in earnest on December 19, 2020 . . .''). \113\ See supra, at note 56. Mr. Scavino was subject to the same restrictions on campaign activities as Mr. Navarro. \114\ Andrew Restuccia, Daniel Lippman, and Eliana Johnson, `` `Get Scavino in here': Trump's Twitter guru is the ultimate insider,'' Politico, (May 16, 2019), available at https://www.politico.com/story/2019/05/16/trump-scavino- 1327921; Justin Hendrix, ``TheDonald.win and President Trump's Foreknowledge of the Attack on the Capitol,'' Just Security (Jan. 12, 2022), available at https:// www.justsecurity.org/79813/thedonald-win-and-president- trumps-foreknowledge-of-the-attack-on-the-capitol/; Woodward and Costa, Peril, at p. 231; Documents on file with the Select Committee. \115\ Andrew Restuccia, Daniel Lippman, and Eliana Johnson, `` `Get Scavino in here': Trump's Twitter guru is the ultimate insider,'' Politico, (May 16, 2019), available at https://www.politico.com/story/2019/05/16/trump-scavino- 1327921; Woodward and Costa, Peril, at p. 231; Documents on file with the Select Committee. \116\ Donald Trump (@realDonaldTrump), Twitter, Dec. 19, 2020 1:42 a.m. ET, available at http://web.archive.org/web/ 20201225035520mp_/https://twitter.com/realDonaldTrump/status/ 1340185773220515840 (archived). \117\ Donald Trump (@realDonaldTrump), Twitter, Dec. 19, 2020 9:41 a.m. ET, available at http://web.archive.org/web/ 20201225035301mp_/https://twitter.com/realDonaldTrump/status/ 1340306154031857665 (archived). \118\ Donald Trump (@realDonaldTrump), Twitter, Dec. 19, 2020 2:59 p.m. ET, available at http://web.archive.org/web/ 20201225035142mp_/https://twitter.com/realDonaldTrump/status/ 1340386251866828802 (archived). \119\ Donald Trump (@realDonaldTrump), Twitter, Dec. 20, 2020 12:26 a.m. ET, available at http://web.archive.org/web/ 20201225035219mp_/https://twitter.com/realDonaldTrump/status/ 1340529063799246848 (archived). \120\ Donald Trump (@realDonaldTrump), Twitter, Dec. 22, 2020 10:29 a.m. ET, available at http://web.archive.org/web/ 20201227202442mp_/https://twitter.com/realDonaldTrump/status/ 1341405487057821698 (archived). \121\ Donald Trump (@realDonaldTrump), Twitter, Dec. 26, 2020 9:00 a.m. ET, available at http://web.archive.org/web/ 20210101075201mp_/https://twitter.com/realDonaldTrump/status/ 1342832582606598144 (archived). \122\ Donald Trump (@realDonaldTrump), Twitter, Dec. 26, 2020 8:14 a.m. ET, available at http://web.archive.org/web/ 20201230193535mp_/https://twitter.com/realDonaldTrump/status/ 1342821189077622792 (archived). [[Page H4246]] \123\ Donald Trump (@realDonaldTrump), Twitter, Dec. 28, 2020 4:00 p.m. ET, available at http://web.archive.org/web/ 20201230195203mp_/https://twitter.com/realDonaldTrump/status/ 1343663159085834248 (archived). \124\ Donald Trump (@realDonaldTrump), Twitter, Dec. 30, 2020 2:38 p.m. ET, available at http://web.archive.org/web/ 20201230212259mp_/https://twitter.com/realdonaldtrump/status/ 1344367336715857921 (archived). \125\ Donald Trump (@realDonaldTrump), Twitter, Jan. 4, 2021 10:07 a.m. ET, available at http://web.archive.org/web/ 20210106204726mp_/https://twitter.com/realDonaldTrump/status/ 1346110956078817280 (archived). \126\ Donald Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 1:00 a.m. ET, available at http://web.archive.org/web/ 20210106204711mp_/https://twitter.com/realDonaldTrump/status/ 1346698217304584192 (archived). \127\ Donald Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 8:17 a.m. ET, available at http://web.archive.org/web/ 20210106204708mp_/https://twitter.com/realDonaldTrump/status/ 1346808075626426371 (archived). \128\ Donald Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 2:24 p.m. ET, available at http://web.archive.org/web/ 20210106204701mp_/http://www.twitter.com/realDonaldTrump/ status/1346900434540240897 (archived). \129\ Justin Hendrix, ``TheDonald.win and President Trump's Foreknowledge of the Attack on the Capitol,'' Just Security, (Jan. 12, 2022), available at https://www.justsecurity.org/ 79813/thedonald-win-and-president-trumps-foreknowledge-of- the-attack-on-the-capitol/; Ryan Goodman and Justin Hendrix, ``The Absence of `The Donald','' Just Security, (Dec. 6, 2021), available at https://www.justsecurity.org/79446/the- absence-of-the-donald/ (noting that a post discussing President Trump's December 19, 2020 ``Wild Protest'' tweet as a call to come to Washington, DC, for January 6th was ``pinned'' to the top of the website). \130\ Amrita Khalid, ``Donald Trump participated in a Reddit AMA, but not much of anything was revealed,'' daily dot, (July 27, 2016, updated May 26, 2021), available at https:// www.dailydot.com/debug/donald-trump-reddit-ama-fail/. \131\ Mike Isaac, ``Reddit, Acting Against Hate Speech, Bans `The_Donald' Subreddit,'' New York Times, (June 29, 2020, updated Jan. 27, 2021), available at https://www.nytimes.com/ 2020/06/29/technology/reddit-hate-speech.html. \132\ Craig Timberg and Drew Harwell, ``TheDonald's owner speaks out on why he finally pulled plug on hate-filled site,'' Washington Post, (Feb. 5, 2021), available at https:/ /www.washingtonpost.com/technology/2021/02/05/why-thedonald- moderator-left/. \133\ Ben Schreckinger, ``World War Meme,'' Politico Magazine, (March/April 2017), available at https:// www.politico.com/magazine/story/2017/03/memes-4chan-trump- supporters-trolls-internet-214856/. \134\ Id. \135\ Daniella Silva, ``President Trump Tweets Wrestling Video of Himself Attacking `CNN','' NBC News, (July 2, 2017), available at https://www.nbcnews.com/politics/donald-trump/ president-trump-tweets-wwe-video-himself-attacking-cnn- n779031. \136\ Id. \137\ Andrew Restuccia, Daniel Lippman, and Eliana Johnson, `` `Get Scavino in here': Trump's Twitter guru is the ultimate insider,'' Politico, (May 16, 2019), available at https://www.politico.com/story/2019/05/16/trump-scavino- 1327921. \138\ Justin Hendrix, ``TheDonald.win and President Trump's Foreknowledge of the Attack on the Capitol,'' Just Security, (Jan. 12, 2022), available at https://www.justsecurity.org/ 79813/thedonald-win-and-president-trumps-foreknowledge-of- the-attack-on-the-capitol/. \139\ Id. \140\ SITE Intelligence Group, ``How a Trump Tweet Sparked Plots, Strategizing to `Storm and Occupy' Capitol with `Handcuffs and Zip Ties','' (Jan. 9, 2021), available at https://ent.siteintelgroup.com/Far-Right-/-Far-Left-Threat/ how-a-trump-tweet-sparked-plots-strategizing-to-storm-and- occupy-capitol-with-handcuffs-and-zip-ties.html. \141\ Id. \142\ Alex Thomas, ``Team Trump was in bed with online insurrectionists before he was even elected,'' daily dot, (Jan. 15, 2021, updated Feb. 15, 2021), available at https:// www.dailydot.com/debug/dan-scavino-reddit-donald-trump- disinformation/. \143\ Id. \144\ SITE Intelligence Group, ``How a Trump Tweet Sparked Plots, Strategizing to `Storm and Occupy' Capitol with `Handcuffs and Zip Ties','' (Jan. 9, 2021), available at https://ent.siteintelgroup.com/Far-Right-/-Far-Left-Threat/ how-a-trump-tweet-sparked-plots-strategizing-to-storm-and- occupy-capitol-with-handcuffs-and-zip-ties.html. \145\ Id. \146\ Id. \147\ Donald Trump (@realDonaldTrump), Twitter, Dec. 19, 2020 10:24 a.m. ET, available at https://web.archive.org/web/ 20201219182441/https://twitter.com/realdonaldtrump/status/ 1340362336390004737 (archived). \148\ Justin Hendrix, ``TheDonald.win and President Trump's Foreknowledge of the Attack on the Capitol,'' Just Security (Jan. 12, 2022), available at https://www.justsecurity.org/ 79813/thedonald-win-and-president-trumps-foreknowledge-of- the-attack-on-the-capitol/. \149\ Dan Scavino Jr.[American flag][Eagle] (@DanScavino), Twitter, Oct. 16, 2020, 8:26 p.m. ET, available at https:// twitter.com/DanScavino/status/1317260632308224000. \150\ Dan Scavino Jr.[American flag][Eagle] (@DanScavino), ``[Video; https://twitter.com/i/status/1324578313420111872]'' Twitter, Nov. 6, 2020, 12:04 a.m. ET, available at https:// twitter.com/DanScavino/status/1324578313420111872. \151\ Dan Scavino Jr.[American flag][Eagle] (@DanScavino), Twitter, Dec. 6, 2020, 12:34 a.m. ET, available at https:// twitter.com/DanScavino/status/1335457640072310784. \152\ Dan Scavino Jr.[American flag][Eagle] (@DanScavino), ``[Video; https://twitter.com/i/status/1345551501440245762], Twitter, Jan. 2, 2021, 9:04 p.m. ET, available at https:// twitter.com/danscavino/status/1345551501440245762. \153\ Criminal Complaint, United States of America v. Ronald L. Sandlin, (D.D.C.) (No. 21-cr-00088) (Jan. 20, 2020), available at https://www.justice.gov/opa/page/file/1362396/ download. \154\ Indictment, United States of America v. Marshall Neefe and Charles Bradford Smith, (D.D.C.) (No. 21-cr-567) (Sept. 8, 2021), ECF 1, at p. 6, available at https:// www.justice.gov/usao-dc/case-multi-defendant/file/1432686/ download. \155\ First Superseding Indictment, United States of America v. Caldwell et al., (D.D.C.) (No. 21-cr-28) (Feb. 19, 2021) ECF 27, at p. 9, available at https://www.justice.gov/usao- dc/case-multi-defendant/file/1369071/download. \156\ See Appendix II, Ex. 6. \157\ Id. \158\ See Appendix II, Ex. 1. \159\ Id. \160\ Id. \161\ See Appendix II, Ex. 2. \162\ Id. \163\ Id. \164\ Id. \165\ See Appendix II, Ex. 7. \166\ Id. \167\ See Appendix II, Ex. 8. \168\ See Appendix II, Ex. 2. \169\ See Appendix II, Ex. 9. \170\ See Appendix II, Ex. 10. \171\ See Appendix II, Ex. 11. \172\ See Appendix II, Ex. 3. \173\ See Appendix II, Ex. 12. \174\ (D.C. Cir., No. 21-5254) (appeal from D.D.C. No. 21-cv- 02769) \175\ See Appendix II, Ex. 13. \176\ See Appendix II, Ex. 14. \177\ See Appendix II, Ex. 15. \178\ 595 U.S._ (2022) (No. 21A272) (Jan. 19, 2022). \179\ See Appendix II, Ex. 4. \180\ See Appendix II, Ex. 16. \181\ See supra, at note 80. \182\ See supra, at note 81. \183\ United States v. Bryan, 339 U.S. 323, 331 (1950). \184\ Nixon v. Administrator of General Services (GSA), 433 U.S. 425, 449 (1977) (internal quotes and citations omitted). \185\ See Appendix II, Ex. 5. \186\ Id. \187\ Id. \188\ See Appendix II, Ex. 7. \189\ See also supra, at note 88. \190\ Nixon v. GSA, 433 U.S. at 449. \191\ Espy, 121 F.3d 729, 752 (D.C. Cir. 1997). \192\ Id. \193\ Nixon v. GSA, 433 U.S. at 449 (quoting U.S. v. Nixon, 418 U.S. 683 (1974) (internal citations omitted)). \194\ Trump v. Thompson, 2021 U.S. App. LEXIS 36315, at *46 (D.C. Cir. Dec. 9, 2021). \195\ Nixon v. GSA, 433 U.S. at 449; cf. In re Lindsey, 148 F.3d 1100, 1106 (D.C. Cir. 1998) (Deputy White House Counsel's ``advice [to the President] on political, strategic, or policy issues, valuable as it may have been, would not be shielded from disclosure by the attorney-client privilege''). \196\ Trump v. Thompson, 2021 U.S. App. LEXIS 36315, at *46 (D.C. Cir. Dec. 9, 2021). \197\ See Appendix II, Ex. 5. \198\ Committee on the Judiciary v. Miers, 558 F. Supp.2d 53, 106 (D.D.C. 2008) (``Ms. Miers may assert executive privilege in response to any specific questions posed by the Committee'' and ``she must appear before the Committee to provide testimony, and invoke executive privilege where appropriate''). \199\ See supra, at notes 101-103. \200\ Id. \201\ Id. \202\ Id. \203\ Documents on file with the Select Committee. \204\ Documents on file with the Select Committee. \205\ Eastland v. United States Servicemen's Fund, 421 U.S. 491, 515 (1975). \206\ See 2 U.S.C. Sec. 194. \207\ See Appendix II, Exs. 8, 11. [[Page H4247]] [GRAPHIC] [TIFF OMITTED] TH461501.001 [[Page H4248]] [GRAPHIC] [TIFF OMITTED] TH461501.002 [[Page H4249]] [GRAPHIC] [TIFF OMITTED] TH461501.003 [[Page H4250]] [GRAPHIC] [TIFF OMITTED] TH461501.004 [[Page H4251]] [GRAPHIC] [TIFF OMITTED] TH461501.005 [[Page H4252]] [GRAPHIC] [TIFF OMITTED] TH461501.006 [[Page H4253]] [GRAPHIC] [TIFF OMITTED] TH461501.007 [[Page H4254]] [GRAPHIC] [TIFF OMITTED] TH461501.008 [[Page H4255]] [GRAPHIC] [TIFF OMITTED] TH461501.009 [[Page H4256]] [GRAPHIC] [TIFF OMITTED] TH461501.010 [[Page H4257]] [GRAPHIC] [TIFF OMITTED] TH461501.011 [[Page H4258]] [GRAPHIC] [TIFF OMITTED] TH461501.012 [[Page H4259]] [GRAPHIC] [TIFF OMITTED] TH461501.013 [[Page H4260]] [GRAPHIC] [TIFF OMITTED] TH461501.014 [[Page H4261]] [GRAPHIC] [TIFF OMITTED] TH461501.015 [[Page H4262]] [GRAPHIC] [TIFF OMITTED] TH461501.016 [[Page H4263]] [GRAPHIC] [TIFF OMITTED] TH461501.017 [[Page H4264]] [GRAPHIC] [TIFF OMITTED] TH461501.018 [[Page H4265]] [GRAPHIC] [TIFF OMITTED] TH461501.019 [[Page H4266]] [GRAPHIC] [TIFF OMITTED] TH461501.020 [[Page H4267]] [GRAPHIC] [TIFF OMITTED] TH461501.021 [[Page H4268]] [GRAPHIC] [TIFF OMITTED] TH461501.022 [[Page H4269]] [GRAPHIC] [TIFF OMITTED] TH461501.023 [[Page H4270]] [GRAPHIC] [TIFF OMITTED] TH461501.024 [[Page H4271]] [GRAPHIC] [TIFF OMITTED] TH461501.025 [[Page H4272]] [GRAPHIC] [TIFF OMITTED] TH461501.026 [[Page H4273]] [GRAPHIC] [TIFF OMITTED] TH461501.027 [[Page H4274]] [GRAPHIC] [TIFF OMITTED] TH461501.028 [[Page H4275]] [GRAPHIC] [TIFF OMITTED] TH461501.029 [[Page H4276]] [GRAPHIC] [TIFF OMITTED] TH461501.030 [[Page H4277]] [GRAPHIC] [TIFF OMITTED] TH461501.031 [[Page H4278]] [GRAPHIC] [TIFF OMITTED] TH461501.032 [[Page H4279]] [GRAPHIC] [TIFF OMITTED] TH461501.033 [[Page H4280]] [GRAPHIC] [TIFF OMITTED] TH461501.034 [[Page H4281]] [GRAPHIC] [TIFF OMITTED] TH461501.035 [[Page H4282]] [GRAPHIC] [TIFF OMITTED] TH461501.036 [[Page H4283]] [GRAPHIC] [TIFF OMITTED] TH461501.037 [[Page H4284]] [GRAPHIC] [TIFF OMITTED] TH461501.038 [[Page H4285]] [GRAPHIC] [TIFF OMITTED] TH461501.039 [[Page H4286]] [GRAPHIC] [TIFF OMITTED] TH461501.040 [[Page H4287]] [GRAPHIC] [TIFF OMITTED] TH461501.041 [[Page H4288]] [GRAPHIC] [TIFF OMITTED] TH461501.042 [[Page H4289]] [GRAPHIC] [TIFF OMITTED] TH461501.043 [[Page H4290]] [GRAPHIC] [TIFF OMITTED] TH461501.044 [[Page H4291]] [GRAPHIC] [TIFF OMITTED] TH461501.045 [[Page H4292]] [GRAPHIC] [TIFF OMITTED] TH461501.046 [[Page H4293]] [GRAPHIC] [TIFF OMITTED] TH461501.047 [[Page H4294]] [GRAPHIC] [TIFF OMITTED] TH461501.048 [[Page H4295]] [GRAPHIC] [TIFF OMITTED] TH461501.049 [[Page H4296]] [GRAPHIC] [TIFF OMITTED] TH461501.050 [[Page H4297]] [GRAPHIC] [TIFF OMITTED] TH461501.051 [[Page H4298]] [GRAPHIC] [TIFF OMITTED] TH461501.052 [[Page H4299]] [GRAPHIC] [TIFF OMITTED] TH461501.053 [[Page H4300]] [GRAPHIC] [TIFF OMITTED] TH461501.054 [[Page H4301]] [GRAPHIC] [TIFF OMITTED] TH461501.055 [[Page H4302]] [GRAPHIC] [TIFF OMITTED] TH461501.056 [[Page H4303]] [GRAPHIC] [TIFF OMITTED] TH461501.057 [[Page H4304]] [GRAPHIC] [TIFF OMITTED] TH461501.058 [[Page H4305]] [GRAPHIC] [TIFF OMITTED] TH461501.059 [[Page H4306]] [GRAPHIC] [TIFF OMITTED] TH461501.060 [[Page H4307]] [GRAPHIC] [TIFF OMITTED] TH461501.061 [[Page H4308]] [GRAPHIC] [TIFF OMITTED] TH461501.062 [[Page H4309]] [GRAPHIC] [TIFF OMITTED] TH461501.063 [[Page H4310]] [GRAPHIC] [TIFF OMITTED] TH461501.064 [[Page H4311]] [GRAPHIC] [TIFF OMITTED] TH461501.065 [[Page H4312]] [GRAPHIC] [TIFF OMITTED] TH461501.066 [[Page H4313]] [GRAPHIC] [TIFF OMITTED] TH461501.067 [[Page H4314]] [GRAPHIC] [TIFF OMITTED] TH461501.068 [[Page H4315]] [GRAPHIC] [TIFF OMITTED] TH461501.069 [[Page H4316]] [GRAPHIC] [TIFF OMITTED] TH461501.070 [[Page H4317]] [GRAPHIC] [TIFF OMITTED] TH461501.071 [[Page H4318]] [GRAPHIC] [TIFF OMITTED] TH461501.072 [[Page H4319]] [GRAPHIC] [TIFF OMITTED] TH461501.073 [[Page H4320]] [GRAPHIC] [TIFF OMITTED] TH461501.074 [[Page H4321]] [GRAPHIC] [TIFF OMITTED] TH461501.075 [[Page H4322]] [GRAPHIC] [TIFF OMITTED] TH461501.076 [[Page H4323]] [GRAPHIC] [TIFF OMITTED] TH461501.077 [[Page H4324]] [GRAPHIC] [TIFF OMITTED] TH461501.078 [[Page H4325]] [GRAPHIC] [TIFF OMITTED] TH461501.079 [[Page H4326]] [GRAPHIC] [TIFF OMITTED] TH461501.080 [[Page H4327]] [GRAPHIC] [TIFF OMITTED] TH461501.081 [[Page H4328]] [GRAPHIC] [TIFF OMITTED] TH461501.082 [[Page H4329]] [GRAPHIC] [TIFF OMITTED] TH461501.083 [[Page H4330]] [GRAPHIC] [TIFF OMITTED] TH461501.084 [[Page H4331]] [GRAPHIC] [TIFF OMITTED] TH461501.085 [[Page H4332]] [GRAPHIC] [TIFF OMITTED] TH461501.086 [[Page H4333]] [GRAPHIC] [TIFF OMITTED] TH461501.087 [[Page H4334]] [GRAPHIC] [TIFF OMITTED] TH461501.088 [[Page H4335]] [GRAPHIC] [TIFF OMITTED] TH461501.089 [[Page H4336]] [GRAPHIC] [TIFF OMITTED] TH461501.090 [[Page H4337]] [GRAPHIC] [TIFF OMITTED] TH461501.091 [[Page H4338]] [GRAPHIC] [TIFF OMITTED] TH461501.092 [[Page H4339]] [GRAPHIC] [TIFF OMITTED] TH461501.093 [[Page H4340]] [GRAPHIC] [TIFF OMITTED] TH461501.094 [[Page H4341]] [GRAPHIC] [TIFF OMITTED] TH461501.095 [[Page H4342]] [GRAPHIC] [TIFF OMITTED] TH461501.096 [[Page H4343]] [GRAPHIC] [TIFF OMITTED] TH461501.097 [[Page H4344]] [GRAPHIC] [TIFF OMITTED] TH461501.098 [[Page H4345]] [GRAPHIC] [TIFF OMITTED] TH461501.099 [[Page H4346]] [GRAPHIC] [TIFF OMITTED] TH461501.100 [[Page H4347]] [GRAPHIC] [TIFF OMITTED] TH461501.101 [[Page H4348]] [GRAPHIC] [TIFF OMITTED] TH461501.102 [[Page H4349]] [GRAPHIC] [TIFF OMITTED] TH461501.103 [[Page H4350]] [GRAPHIC] [TIFF OMITTED] TH461501.104 [[Page H4351]] [GRAPHIC] [TIFF OMITTED] TH461501.105 [[Page H4352]] [GRAPHIC] [TIFF OMITTED] TH461501.106 [[Page H4353]] [GRAPHIC] [TIFF OMITTED] TH461501.107 [[Page H4354]] [GRAPHIC] [TIFF OMITTED] TH461501.108 [[Page H4355]] [GRAPHIC] [TIFF OMITTED] TH461501.109 [[Page H4356]] [GRAPHIC] [TIFF OMITTED] TH461501.110 [[Page H4357]] [GRAPHIC] [TIFF OMITTED] TH461501.111 [[Page H4358]] [GRAPHIC] [TIFF OMITTED] TH461501.112 [[Page H4359]] [GRAPHIC] [TIFF OMITTED] TH461501.113 [[Page H4360]] [GRAPHIC] [TIFF OMITTED] TH461501.114 [[Page H4361]] [GRAPHIC] [TIFF OMITTED] TH461501.115 [[Page H4362]] [GRAPHIC] [TIFF OMITTED] TH461501.116 [[Page H4363]] [GRAPHIC] [TIFF OMITTED] TH461501.117 [[Page H4364]] [GRAPHIC] [TIFF OMITTED] TH461501.118 [[Page H4365]] [GRAPHIC] [TIFF OMITTED] TH461501.119 [[Page H4366]] [GRAPHIC] [TIFF OMITTED] TH461501.120 [[Page H4367]] [GRAPHIC] [TIFF OMITTED] TH461501.121 [[Page H4368]] [GRAPHIC] [TIFF OMITTED] TH461501.122 [[Page H4369]] [GRAPHIC] [TIFF OMITTED] TH461501.123 [[Page H4370]] [GRAPHIC] [TIFF OMITTED] TH461501.124 [[Page H4371]] Mr. THOMPSON of Mississippi. Mr. Speaker, by direction of the Select Committee to Investigate the January 6th Attack on the United States Capitol, I call up the resolution (H. Res. 1037) recommending that the House of Representatives find Peter K. Navarro and Daniel Scavino, Jr., in contempt of Congress for refusal to comply with subpoenas duly issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol, and ask for its immediate consideration. The Clerk read the title of the resolution. The SPEAKER pro tempore. Pursuant to House Resolution 1023, the resolution is considered read. The text of the resolution is as follows: H. Res. 1037 Resolved, That Peter K. Navarro and Daniel Scavino, Jr., shall be found to be in contempt of Congress for failure to comply with congressional subpoenas. Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, the Speaker of the House of Representatives shall certify the report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, detailing the refusal of Peter K. Navarro to produce documents or appear for a deposition before the Select Committee to Investigate the January 6th Attack on the United States Capitol as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Mr. Navarro be proceeded against in the manner and form provided by law. Resolved, That pursuant to 2 U.S.C. Sec. Sec. 192 and 194, the Speaker of the House of Representatives shall certify the report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, detailing the refusal of Daniel Scavino, Jr., to produce documents or appear for a deposition before the Select Committee to Investigate the January 6th Attack on the United States Capitol as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Mr. Scavino be proceeded against in the manner and form provided by law. Resolved, That the Speaker of the House shall otherwise take all appropriate action to enforce the subpoenas. The SPEAKER pro tempore. The resolution shall be debatable for 1 hour equally divided among and controlled by the gentleman from Mississippi (Mr. Thompson), the gentlewoman from Wyoming (Ms. Cheney), and an opponent, or their respective designees. The gentleman from Mississippi (Mr. Thompson), the gentlewoman from Wyoming (Ms. Cheney), and the gentleman from Indiana (Mr. Banks) each will control 20 minutes. The Chair recognizes the gentleman from Mississippi. General Leave Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include any extraneous material on this measure. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Mississippi? There was no objection. Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I want to start our debate by talking a little bit about what the American people ought to expect of their leaders, of those who hold positions of public trust and the responsibilities that come with it. I have been thinking about those responsibilities for more than 50 years, in all the time I have been fortunate enough to hold a position of public trust. It doesn't matter if you are an alderman, a mayor, Member of Congress, President of the United States, or a staff member working as a civil servant, or a political appointee. When you work for the public, when the people's taxes pay your salary, those jobs come with serious rules and serious obligations. Dan Scavino and Peter Navarro both held positions of public trust. Mr. Scavino was a top communications official in the Trump White House. Mr. Navarro was a trade adviser. They each drew salaries paid by the American people to the tune of over $180,000 per year. They both were to abide by certain rules and obligations. They both swore oaths of allegiance to the Constitution. The select committee wants to talk to both of them, but about a lot more than their White House jobs. We want to talk to them about their roles in trying to overturn the 2020 election. We subpoenaed them for their records and testimony. They told us to buzz off. Not a single record. No-shows for their deposition. Their excuse was: As former White House employees, the information we wanted--again, information about overturning an election--was shielded by executive privilege, a protection for the President to make sure sensitive, official conversations stay private. In other words, they are arguing that their roles in trying to overturn an election had to stay secret because they had official roles as advisers to the ex-President. If they want to make those claims, ridiculous as they sound, here is what the law requires: They need to show up and make those claims on the record, under oath. They refused to do that. That alone means they are in contempt of Congress. But I want to dig a little deeper into the argument these men are making. As I mentioned before, these are rules and obligations that bind public servants. One of the most important rule is that you can't do campaign work on government time or using taxpayer money. Pretty straightforward. Plenty you can do on your own time, but not when you are on the clock. That is the law. If you have heard of the Hatch Act, it has probably been when a Cabinet Secretary or White House official had crossed the line from their official duties into political matters. In fact, in 2020, Mr. Navarro was dinged by a government watchdog for violating the Hatch Act by using his official role to attack President Joe Biden. That law prohibits, among other things, someone from using ``official authority or influence for the purpose of interfering with or affecting the results of an election.'' Sounds familiar? In the case of Mr. Navarro and Mr. Scavino, trying to affect the result of an election wasn't knocking on doors or putting signs in people's front yards. They were trying to help a defeated President stay in power. It is not conceivable that their involvement in that effort could have legally overlapped with their official duties. But beyond that, it was a betrayal of the oath these men took. It was a betrayal of the public trust. Even if you do it on your own time, trying to overturn an election is still trying to overturn an election. We know that the people who stormed this building on January 6 had the same goal: trying to overturn an election. That is what the select committee is investigating. That is why we need to hear from Mr. Scavino and Mr. Navarro. But as the select committee works to provide answers to the American people, these two are saying: ``I worked at the White House when all this took place. Even if I was plotting to overturn the government, I was collecting a government salary at the time, so I don't have to talk about it.'' Can you imagine? I have served my community and my country most of my life. Like my colleagues in this body, I have labored to uphold my oath and do right by the people I serve. I know my constituents expect that of me. To run into this kind of obstruction, this kind of cynical behavior, as we investigate a violent insurrection, is just despicable. It can't stand. Dan Scavino and Peter Navarro must be held accountable for their abuses of the public trust. They must be held accountable for their defiance of the law. They are in contempt of Congress, which is a crime, and I call on my colleagues to do their duty to defend this institution and the rule of law and to vote ``yes'' on this resolution. Mr. Speaker, I reserve the balance of my time. Ms. CHENEY. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the select committee has now conducted over 800 interviews and depositions of witnesses who have knowledge of the events of January 6. This includes more than a dozen former Trump White House staff members. Mr. Speaker, when you hear my colleagues make political, partisan attacks on the select committee, I hope that all of us can remember some basic facts: Through these interviews, we have learned that President Trump and his team were warned in advance, and repeatedly, that the efforts they undertook to overturn the 2020 election [[Page H4372]] would violate the law and our Constitution; they were warned that January 6 could, and likely would, turn violent; and they were told repeatedly by our State and Federal courts, by our Justice Department, and by agencies of our intelligence community, that the allegations of widespread fraud, sufficient to overturn an election, were false and were unsupported by the evidence. Yet, despite all of these specific warnings, President Trump and his team moved willfully through multiple means to attempt to halt the peaceful transfer of power, to halt the constitutional process for counting votes, and to shatter the constitutional bedrock of our great Nation. As a Federal judge has recently concluded, the illegality of President Trump's plan for January 6 was ``obvious.'' We are here today to address two specific witnesses who have refused to appear for testimony before the committee. The committee has many questions for Mr. Scavino about his political social media work for President Trump, including his interactions with an online forum called ``theDonald.win'' and with QAnon, a bizarre and dangerous cult. Mr. Scavino worked directly with President Trump to spread President Trump's false message that the election was stolen and to recruit Americans to come to Washington on January 6 to ``take back their country.'' This effort to deceive was widely effective and widely destructive, and Donald Trump's stolen election campaign succeeded in provoking the violence on January 6. On this point, there is no doubt. The committee has videos, interviews, and sworn statements from violent rioters demonstrating these facts. Mr. Navarro will also be a key witness. He has written a book boasting about his role in planning and coordinating the activity of January 6. We have many questions for Mr. Navarro, including about his communications with Roger Stone and Steve Bannon regarding the planning for January 6. As Judge Carter recently concluded: ``Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the joint session of Congress on January 6, 2021.'' In the case of both of these witnesses, Mr. Speaker, the committee would rather have their testimony than have to move this contempt citation. When you hear my colleagues attack the select committee, remember Mr. Scavino and Mr. Navarro have chosen not to appear. They did not have to make this choice, but they did. In America, no one is above the law. Neither Mr. Trump nor Mr. Scavino nor Mr. Navarro is some form of royalty. There is no such thing in America as the privileges of the crown. Every citizen has a duty to comply with a subpoena. Mr. Speaker, when you hear my colleagues challenge the committee's legislative purpose, remember the D.C. Circuit and the Supreme Court of the United States have affirmed our legislative purpose. Too many Republicans are, once again, ignoring the rulings of the courts, as many of them did in the run-up to January 6. Mr. Speaker, the tale of what happened following the 2020 election, resulting in the violence of January 6, is a tale of stunning deceit. It is a tale of lies about our election and contempt for the rulings of our courts. The election claims made by Donald Trump were so frivolous and so unfounded that the President's lead lawyer did not just lose these cases; he lost his license to practice law. The New York Supreme Court found: ``There is uncontroverted evidence that Mr. Giuliani communicated demonstrably false and misleading statements to courts, lawmakers, and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump's failed effort at reelection in 2020.'' {time} 1700 Mr. Speaker, those in this Chamber who continue to embrace the former President and his dangerous and destructive lies ought to take a good, hard look at themselves. At a moment of real danger to our Republic, when the need for fidelity to our Constitution is paramount, they have abandoned their oaths in order to perform for Donald Trump. That will be their legacy. Mr. Speaker, this is not a close call. Mr. Navarro and Mr. Scavino have chosen not to comply with a congressional subpoena. They are in contempt. I urge my colleagues to vote ``yes'' on this resolution, and I reserve the balance of my time. Mr. BANKS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I hope this is the last time that we do this. Just last week, we watched members of the January 6th Select Committee criticize the DOJ for not jailing their political opponents fast enough. Now the committee is trying to refer two more of President Trump's advisers to the DOJ for criminal prosecution. The same DOJ, by the way, that has slandered concerned parents as domestic terrorists; a DOJ overseen by a President who said President Trump should be prosecuted. So let's be clear, we aren't voting today to rename a post office. So, please, let's be honest with ourselves. A vote to hold Dan Scavino and Peter Navarro in contempt of Congress is a vote to put them in jail for a year. Neither of these men deserve this. The party line isn't a good enough excuse today. Disliking their politics isn't an excuse. Mr. Scavino has two boys. He is a good dad. He doesn't deserve this. His boys definitely don't deserve this. So before we vote today, I have got to ask, could anyone here explain to those boys why their dad deserves to be behind bars for a year? Mr. Scavino grew up in a working-class family in New York City. He is a former caddy who worked his way up to the White House through hard work and determination. Mr. Scavino lived the American Dream. Now, thanks to the select committee, he is living an authoritarian nightmare. The select committee will say that it is Mr. Scavino's fault for refusing to cooperate. That is simply not true. Mr. Scavino asked time and again for the committee to follow the rule of law and provide him with a narrow and specific legislative purpose for the information that they were seeking. He asked, ``How is what you want from me pertinent to your investigation?'' And they refused to explain. But remember what they said last week. The January 6th Committee must enforce its subpoenas. But contempt is not enforcement; it is punishment. Contempt won't get the committee any information. Only the court can do that. But they don't want to go to the judiciary. They don't want neutral arbitration. They want political punishment. The select committee has never been interested in factfinding. In fact, Jim Jordan and I were both blocked from sitting on the committee because we promised to fully investigate the security failure at the Capitol. The Democrat leaders don't want that. They claim they blocked us for being too partisan. Meanwhile, the committee's lead staffer signed his name to a false letter calling the Hunter Biden laptop Russian disinformation. Apparently, lying to undermine democracy is a key qualification for employment of this committee. If the January 6th Committee gets its way, Congress will have referred four former Trump officials for prosecution in under 6 months, another record for the 117th Congress. The select committee aims to do two things: silence legitimate questions about the breakdown of security at the Capitol and punish their political opponents. It is that simple. Dan Scavino is accused of listening to his boss, the former Commander in Chief, who told him to ``invoke all applicable privileges and immunities.'' Today's vote is not about wrongdoing, and it isn't about anybody's character, no matter what they say. Today's vote is about the character of this House. It is about abusing the seat of our democracy to attack American democracy. The question is, do we live in a country where you can go to jail for working for the wrong politician? Would you want to live in that country? The question is, will you help create that country? Because I think we have had a pretty good thing going for the last 240 years, and that is exactly why I urge all of my colleagues [[Page H4373]] to vote ``no'' on this resolution today. Madam Speaker, I reserve the balance of my time. Mr. THOMPSON of Mississippi. Madam Speaker, just for the record, let me say that we are here for this contempt process today, but the President's own daughter complied with the wishes of the committee. I would think that if his daughter complied with the wishes of the committee, everyone else should, even the people who worked for him. Madam Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer), the distinguished majority leader of the House. Mr. HOYER. Madam Speaker, I thank the gentleman from Mississippi for yielding. I thank the gentlewoman from Wyoming for her courage in standing for the truth. I disagree with many things that the previous speaker said. I disagree with his premises and with his conclusion in many respects. But I do agree with him on one thing: This vote is about the character of the House--I agree with him on that--which is why 435 of us ought to vote for this resolution, so that the House can do its duty. Madam Speaker, once again we are forced to take this step, asking the Justice Department to charge individuals with criminal contempt for refusing to answer subpoenas as issued by the committee investigating the attack on our Capitol and our democracy on January 6, 2021. The two gentlemen of which the previous speaker spoke I don't know. I have no quarrel with them individually. But we are a Nation of laws, not of men, and if we are to be a Nation of laws, then we need to respond to legal process; and if we think the assertions are wrong, we need to make our case. On the merits of this resolution there should be no doubt, and it is about the character of this House, the courage of this House to seek honesty, to seek truth. The individuals in question had intimate knowledge of the former President's actions and decisions on that day. No matter who their children are, no matter what their life has been, they have knowledge that it is important for the American people to have through their Representatives in Congress. Americans must have a full accounting of what transpired on January 6 and in the weeks leading up to it and perhaps subsequent. That is what the bipartisan select committee has been tasked with undertaking, by a vote of this House. Sadly, I expect maybe most of my colleagues across the aisle will vote against this resolution. It is about the character of this House. Perhaps they agree with the Republican National Committee, which has said that the violent Trump-led insurrection at the U.S. Capitol, the deaths and injury of U.S. Capitol police officers, and an effort to prevent the certification of an election was, and I quote the Republican National Committee, ``legitimate political discourse.'' How can anybody make that assertion? How can anybody in the Republican National Committee vote for it? Why doesn't everybody on the Republican Party side of the aisle say, ``That is not what we believe''? Silence prevails. There is no doubt that the insurrection on January 6 itself was a danger to our democracy, but I agree with The Washington Post columnist and former White House speech writer for Republican President George W. Bush, Michael Gerson, who wrote on December 16, ``It is Republican tolerance for the intolerable that threatens American democracy.'' Very frankly, my friends on the other side of the aisle ought to be celebrating those in their ranks who have the courage to stand up for the truth. I have told Liz Cheney, if John Kennedy were writing his book on Profiles in Courage today, I would urge him to include her and Adam Kinzinger in that book. January 6 was a day of peril for America, but the greater crisis is when one of our two main political parties has become so hijacked by extremism and so enthralled to a dangerous demagogue that it condones, even celebrates insurrection and violence. Madam Speaker, how can the same party that claims it honors law enforcement simultaneously declare that violent attacks against police officers are legitimate? How can one of our two political parties be so craven for short-term partisan gain that it is willing to encourage and condone insurrection? How can its Members use their sacred votes in the House, the people's House, in an effort to impede the investigation of this dark and dangerous day in the history of our democracy? That is what this vote is about. Not only the character of this House, but the character of this country, the character of the people who demand, hopefully, truth, because that is what will set us all free. Because that is what this vote is about: Whether you believe that the violent attack on January 6, one in which a mob threatened the life of the Republican Vice President and threatened the life of the Speaker of this House--the Speaker of all the House--in an attempt to overthrow our democracy, does that constitute legitimate political discourse? Madam Speaker, I can't believe Americans believe that. We must reject that theory, that the violence that we saw on January 6, the hate that we saw on January 6, is somehow legitimate political discourse, because if people believe that, then our democracy is in grave danger. This vote is about whether you believe a certain individual can be held above the law in our country. It is about whether you believe the American people deserve to know all the facts about January 6 and whether those responsible for the attack ought to be held responsible. And most fundamentally, Madam Speaker, it is about whether the Congress can fulfill its constitutional responsibility and ability to determine the truth. Madam Speaker, this vote will reveal to us who was willing to show tolerance for the intolerable. It will reveal to us who is willing to stand up and defend our democracy and the rule of law, irrespective of party, irrespective of personality. That is a call to patriotism, to love of country and to love of Constitution. My fellow colleagues, let us do our duty to the Constitution, to the Declaration, to our democracy, and to the people we represent. Vote ``yes.'' Ms. CHENEY. Madam Speaker, I think it is very important, as our colleagues consider their vote on this resolution, to keep in mind the facts. Number one, neither Mr. Scavino nor Mr. Navarro has appeared in front of this committee. As I mentioned earlier, we have interviewed over 800 witnesses. The vast majority of them have cooperated fully and answered our questions. Some of the witnesses have taken the Fifth. Some of the witnesses have answered some questions and asserted a privilege on other questions. But the notion that somehow the former President can instruct someone not to appear, that is not sustainable, that is not found anywhere in the law. If Mr. Scavino or Mr. Navarro wants to assert some kind of a privilege--and again, our questions for them have to do with their activities that are political activities that are not covered by executive privilege, but if they wish to assert that privilege, they can appear and do so. Ms. CHENEY. Madam Speaker, I would also note that in Trump v. Thompson, the D.C. Circuit held, and then we were upheld in the Supreme Court, that the committee's need for this information outweighs the former President's rights to any kind of confidentiality. I think it is important for those facts to be clear and to be on the Record. Madam Speaker, I reserve the balance of my time. {time} 1715 Mr. BANKS. Madam Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Gaetz). Mr. GAETZ. Madam Speaker, gas prices are rising; the border has become a turnstile; inflation is crushing our fellow Americans; and here we are, back on the floor of the House, reliving January 6. Some of the members of the January 6th Committee come from the swamps of Washington, D.C. I come from the swamps of Florida, and I know alligator tears when I see them. Yet, we are lectured about performing for the former President. The reason Scavino and Navarro shouldn't be held in contempt is that the January 6th Committee itself is so [[Page H4374]] performative, illegitimate, and unconstitutional, kicking off the Republicans that Leader McCarthy sent to serve on the committee. We were accused by the majority leader of having our party hijacked. Our party is ascendant, and time is on our side because when we take the majority back, this nonsense will come to an end. It is baffling to me that Democrats are so eager to conduct oversight over the last administration that is out of power, but it is hear no evil, see no evil, speak no evil when it comes to the Biden administration. They are more worried about Trump's trade adviser than Joe Biden's son trading influence for foreign money. They are more worried about Trump's Deputy Chief of Staff than deputizing the right folks to secure America's border. The January 6th Committee is a sham. If you took the position of the committee, legally, no President would ever have privilege that would extend beyond the life of that Presidency. No President would have the ability to have candid conversations with staff and advisers that might not immediately come back to bite them the moment they left the Oval Office. The American people see this for the partisan exercise that it is. Probably some folks at the Justice Department even see that it is a partisan exercise because not all of these contempt citations are well- received at the Justice Department right now. This contempt referral should similarly be ignored and rejected, and certainly, it is a stain on this House. Mr. THOMPSON of Mississippi. Madam Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Kinzinger), a distinguished veteran of the Air Force and a member of the select committee. Mr. KINZINGER. Madam Speaker, I thank the gentleman for yielding. Madam Speaker, for all practical purposes, Dan Scavino's career is Donald Trump. Scavino was 16 when they met, and he is, to this day, a Trump stalwart. Scavino was central to the Trump administration's social media program. He was, for 2 years, President Trump's Deputy Chief of Staff for Communications. Using social media to monitor trends and shape political views was Dan Scavino's core business. He did that for Donald Trump during the 2016 campaign, and he kept doing it right on through the ``stop the steal'' and the fraudulent challenge to the 2020 election. He also monitored extremist social media sites for the President. Dan Scavino was with the President on January 5 and 6. He spoke with Trump by phone several times on January 6 and was with the President as many urged him to help stop the violence at the Capitol. So, Dan Scavino could shed light on what then-President Trump thought would happen on January 6, especially the potential for violence. Did the President know that the rally could turn violent; that his rhetoric on the Ellipse could send an angry mob to storm the Capitol; that what on the evening of January 5 President Trump called a fired-up crowd might take it literally when, the next morning, he told them to ``fight hard''; that he was pouring fuel on the flames? Dan Scavino was there, so if he were willing to do his duty as a citizen, he could tell us a lot about that. But instead, he has chosen to stiff-arm the American people. President Trump acknowledged that Scavino sometimes helped shape his tweets. On December 19, Trump retweeted a video that urged viewers to ``fight for Trump.'' The January 6 attack was then just 2\1/2\ weeks away. Why did Donald Trump retweet that particular message? Dan Scavino could give us the inside scoop. While Trump and his stop the steal gaggle were working hard to subvert the Constitution and steal the election for themselves, President Trump retweeted, after QAnon already had, a video called, ``How to Steal an Election.'' What would Dan Scavino say about why Trump retweeted a QAnon-blessed video on how to steal an election? He won't risk telling us. What did President Trump's extremist followers on ``The Donald'' and other hard-right sites make of Trump urging them to join a wild protest on January 6? Polls show that some took it as marching orders, in fact. Dan Scavino had to know they would. Dan Scavino knew very well what his boss wanted. He knew that sites like ``The Donald'' attracted violent extremists. Scavino himself sent out a video that a user on that site understood as literal marching orders and literal war drums. President Trump and Dan Scavino had been in the White House for 4 years by then. They knew the January 6 crowd could turn violent. They knew exactly what they were doing. We are here today because Dan Scavino, a key witness, is unwilling to speak with us. He failed to produce a single document in response to the subpoena, and he has clearly demonstrated his complete and utter contempt for Congress. The SPEAKER pro tempore (Ms. McCollum). The time of the gentleman has expired. Mr. THOMPSON of Mississippi. Madam Speaker, I yield the gentleman an additional 30 seconds. Mr. KINZINGER. Madam Speaker, I thank the gentleman for yielding time. Dan Scavino's blatant disregard for our subpoena is his effort to ensure that Congress and the American people never get the firsthand story that he has to tell. None of us should find that acceptable. It is contempt for the law and contempt for Congress. Madam Speaker, I urge my colleagues to vote in favor of this resolution. Ms. CHENEY. Madam Speaker, I yield 3 minutes to the gentleman from California (Mr. Aguilar). Mr. AGUILAR. Madam Speaker, I thank the vice chair for yielding time. Madam Speaker, we have been entrusted by the American people to investigate the attempt to overturn a free and fair election. That attempt to subvert the will of the American people resulted in a deadly attack on the people in this building. But it was bigger than just 1 day of violence and destruction that resulted in the deaths of U.S. Capitol Police officers. For weeks, various schemes were hatched by individuals, ranging from State legislators to the former President's senior aides to Members of Congress, with a singular objective: Keep Donald Trump in office. These are the facts, Madam Speaker, facts that were backed up last week by a Federal judge, who, after reviewing some of the evidence our committee has in its possession, said, in part, ``The illegality of the plan was obvious.'' We are here today to hold two individuals involved, Peter Navarro and Dan Scavino, in contempt of Congress. Peter Navarro has failed to comply with our investigation in any way despite the fact that he has given multiple TV interviews. In fact, Mr. Navarro appeared on television in support of the former President's failed reelection efforts, so much so that he was found to have repeatedly violated the Hatch Act. But his political work did not stop when the election was over. We know Mr. Navarro led a call with State legislators about the efforts to convince Vice President Pence to delay election certification for 10 days. We know Mr. Navarro spoke to Steve Bannon, both during and after the attack on the U.S. Capitol. Mr. Navarro has publicly stated that he is protected by executive privilege, but he has never sought counsel, as others have, and he has not filed any case seeking relief from his responsibilities to comply with our lawful subpoena. This is a textbook case for contempt, Madam Speaker. While I am not surprised by some of my colleagues who refuse to pull their heads out of the sand and face the facts of what really happened and continues to happen, I remain deeply concerned about what this country looks like if the perpetrators aren't held accountable. Madam Speaker, I urge my colleagues to support House Resolution 1037. Mr. BANKS. Madam Speaker, I yield 3 minutes to the gentleman from North Dakota (Mr. Armstrong). Mr. ARMSTRONG. Madam Speaker, the fact is, President Trump has exerted executive privilege, and Mr. Scavino has raised the issue of executive privilege at President Trump's request. [[Page H4375]] No matter how much my colleagues on the other side want to say differently, it is a legitimate assertion, considering the D.C. Circuit Court, in Nixon v. Administrator, held that the executive privilege can be raised by a former President, a determination recently reinforced by Justice Kavanaugh in Trump v. Thompson by stating that the right of a former President to assert executive privilege exists, even if the sitting President does not support that privilege. Concluding otherwise would, in fact, actually eviscerate the privilege in total. Keep in mind that the ruling on executive privilege in Trump v. Thompson deals with a narrow set of documents from the National Archives. It has no bearing on whether Mr. Scavino testifies. The ruling does not apply to documents at issue in this case, nor does it apply to the testimony sought by the committee or whether the committee has a legitimate purpose for conversations between President Trump and his aide. The select committee has refused to acknowledge President Trump's assertion of privilege as it applies to Mr. Scavino, and the committee takes an overexpansive view of what Trump v. Thompson actually says and fails to even acknowledge that the Supreme Court case of Nixon v. Administrator exists. This is not a settled question, and it is not nearly as clear-cut as some would have you believe. Mr. THOMPSON of Mississippi. Madam Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Lofgren), the chairperson of the Committee on House Administration and a member of the select committee. Ms. LOFGREN. Madam Speaker, no one is above the law. We have all heard that phrase. It is a bedrock principle, and we know it is what distinguishes democracies like ours from autocracies such as Russia. Sadly, a few of the former President's closest aides and allies seem to think they are special, that they are above the law, including senior communications official Daniel Scavino, Jr. Now, who is he? According to many reports, Mr. Scavino worked with the former President to use social media to spread lies regarding nonexistent election fraud and to recruit a violent, angry mob to D.C. Mr. Scavino also followed violent, extremist social media on behalf of Mr. Trump. We have reason to believe that doing so provided Mr. Scavino with explicit advance warnings of the violence that was to occur on January 6. He may have shared these warnings of violence with Mr. Trump before the 6th, and we need to ask him about that. He reportedly attended several meetings with Mr. Trump and others regarding reversing the legitimate victory of President Biden and was also with the former President during the Capitol attack when Mr. Trump failed to immediately try to stop it, despite urgent bipartisan calls for him to do so. Madam Speaker, a Federal court recently concluded that Mr. Trump likely committed a Federal felony and that he and his allies ``launched a campaign to overturn a democratic election'' that ``spurred violent attacks on the seat of our Nation's government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.'' The court said that his effort was ``a coup in search of a legal theory.'' The court found that if President Trump's ``plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution.'' Democrats and Republicans have agreed that the very foundation of our constitutional republic was threatened. We must prevent that from ever happening again. Senate Minority Leader Mitch McConnell rightly explained that the public needs to know everything about what caused and occurred on January 6. To inform both the American people and legislative reform proposals, the select committee needs to speak with Mr. Scavino. He has to fulfill his legal and moral obligation to provide testimony and documents. Otherwise, he should face consequences. We must vote ``yes'' on this resolution to find him in contempt of Congress. In the United States of America, no one, including Mr. Scavino, is above the law. {time} 1730 Ms. CHENEY. Madam Speaker, I yield myself such time as I may consume. I know my colleague and friend, Mr. Armstrong, knows very well that, first of all, executive privilege is a qualified privilege. Secondly, former President Trump has not asserted executive privilege. Third, I have tremendous respect, obviously, for Justice Kavanaugh, but my colleagues continue to quote Justice Kavanaugh without noting that the opinion in the D.C. circuit, which was upheld by the Supreme Court, in that opinion the judge found a number of things, including ``to allow the privilege of a no-longer sitting President to prevail over Congress' need to investigate a violent attack on its home and its constitutional operations would gravely impair the basic function of the legislature.'' The Court also held that under any of the tests advocated by former President Trump, the profound interests in disclosure advanced by President Biden and the Select Committee to Investigate the January 6th Attack on the United States Capitol far exceed his generalized concerns for executive branch confidentiality. And I would just repeat again, Madam Speaker, that Mr. Scavino and Mr. Navarro both have chosen not to appear in front of the committee to answer questions that are clearly outside of any potential claim of privilege they may have, and even if they believe there is a claim of privilege, they are obligated to appear and make that assertion. They cannot simply refuse to respond to the committee's subpoena. Madam Speaker, I yield 3 minutes to the gentlewoman from Florida (Mrs. Murphy). Mrs. MURPHY of Florida. Madam Speaker, I thank the gentlewoman for yielding. Madam Speaker, as a member of the committee charged with investigating the attack on our Capitol, our Constitution, and our country, I support this resolution to refer Peter Navarro and Daniel Scavino to the Department of Justice for contempt of Congress. I will focus my remarks on Mr. Navarro. There is clear evidence that Mr. Navarro was involved in efforts to keep President Trump in power after he lost the election. We subpoenaed Mr. Navarro seeking testimony and documents regarding the actions he took to discredit the election and prevent the results from being certified. Mr. Navarro made a blanket claim of executive privilege. This claim lacks merit as a matter of law and common sense. No President, either sitting or former, has claimed privilege regarding Mr. Navarro's testimony or documents. And Mr. Navarro has no authority to assert privilege himself. Beyond that fundamental flaw, since the election, Mr. Navarro has written and spoken widely about the subjects that are the focus of our subpoena. He is eager to tell his story, if he can do so on his terms in a way that serves his interests. He published a book where he details the actions he took to change the outcome of the election. He writes that he worked with Steve Bannon on a scheme called the ``Green Bay Sweep.'' Its purpose was to encourage Vice President Pence to delay certification of the votes and send the election back to State legislatures. Mr. Navarro writes that he called Attorney General Barr, urging the Department of Justice to support President Trump's efforts to challenge the election in court, which Barr declined to do. Mr. Navarro notes that he kept a journal detailing this episode and other actions he took. And finally, while he was refusing to comply with our subpoena, Mr. Navarro made numerous media appearances discussing his role in the events culminating on January 6. Mr. Navarro has significant relevant knowledge. He is happy to share it on television and in podcasts, but he won't provide this information in response to a lawful subpoena. Mr. Navarro is in contempt of Congress and should be referred for prosecution. Mr. BANKS. Madam Speaker, I yield 4 minutes to the gentleman from Illinois (Mr. Rodney Davis.) [[Page H4376]] Mr. RODNEY DAVIS of Illinois. Madam Speaker, 15 months have passed since January 6 of 2021, yet I have seen little evidence over that time to indicate the necessary progress has been made to ensure the Capitol complex is more secure. And I have seen no evidence that the politicized select committee is serious about identifying or addressing the issues that led to our Capitol being so unprepared on that day, which should be its top priority. On February 17 of this year, the GAO released a report detailing the lack of security preparedness by Capitol Police leadership and the Capitol Police Board on and in the lead-up to January 6. The rank-and- file men and women who serve Congress as members of the Capitol Police put their lives on the line every day. Yet, the Capitol Police Board, controlled by Speaker Pelosi, failed them. They deserve better. Instead of working to ensure our Capitol Police officers have the tools and the training they need to prevent another event like January 6 or taking long-overdue steps to reform the Capitol Police Board, the House is once again voting on a contempt resolution because two individuals are not complying with another sham subpoena issued by House Democrats. I have a newsflash for members of the Select Committee: You do not have limitless power. You cannot demand testimony, documents, or even view the information of your political opponents without their consent or without the law on your side. You have neither. Specifically, Mr. Scavino and Mr. Navarro are unable to testify on specific topics that are related to their work in the White House, nor can they testify on communications between President Trump and the President's closest advisers, as those communications are protected under President Trump's claim of executive privilege. As a reminder, the American taxpayer is spending millions of dollars on this select committee. According to The Washington Post, the select committee is on pace to spend $9.3 million by the end of December. To put that into perspective, that amount exceeds the current budgets for the Committees on the Judiciary; Agriculture; Budget; Ethics; the Committee on House Administration; Rules; Science, Space, and Technology; Small Business; Natural Resources; Homeland Security; Veterans' Affairs; and the Permanent Select Committee on Intelligence. That is right, this select committee is using more taxpayer resources on their partisan investigation than Democrats have devoted to serving veterans, addressing rising prices in inflation, or helping our farmers during a massive supply chain crisis. This is nothing more than a sham investigation full of misuses of congressional authority, including Speaker Pelosi violating 230 years of precedent by refusing to allow the minority party to select its own committee members, failing to investigate pursuant to a valid legislative purpose, altering evidence to fit a certain narrative, lying to witnesses, falsely accusing witnesses, violating deponents' right to challenge subpoenas, and perhaps above all, refusing to investigate why Speaker Pelosi and the Capitol Police Board left the Capitol so unprotected that day. I urge my colleagues to oppose the resolution. Mr. THOMPSON of Mississippi. Madam Speaker, I yield 3 minutes to the distinguished gentlewoman from Virginia (Mrs. Luria), a veteran of the United States Navy. Mrs. LURIA. Madam Speaker, I have come to the floor many times over the last 3 years and discussed the oath of office. The oath to protect and defend our Constitution against all enemies foreign and domestic. Every Member of this body swore that oath, and it is the same oath that our President and military officers, including those like Mr. Banks, swear in service to our Nation. That is service. When an American enlists or commissions in our Armed Forces, or when someone takes elected office, or even a senior position in the executive branch, they do so to serve the American people. Mr. Scavino and Mr. Navarro had the duty to serve the American people. Unfortunately, they instead chose to serve the interests of one man, who sought to advance his own agenda at the peril of American democracy. They now have the duty to respond to the subpoenas of this committee, but they have apparently decided that they are above the law. The American people deserve the truth about the attack that attempted to prevent the peaceful transition of power, and the committee is united in our duty to investigate. This committee has conducted over 800 voluntary depositions and interviews, with more scheduled, including witnesses who worked in the previous administration and even close family members of the former President. The committee has received nearly 90,000 documents pertaining to January 6, and we followed up over 435 tips received through the committee's tip line. Hundreds of witnesses have voluntarily come forward and cooperated with our investigation, but Mr. Scavino and Mr. Navarro have refused to do their part. They have been given every opportunity to come forward, yet they have attempted to obstruct the pursuit of justice and to stonewall the committee's work and conceal the truth, despite both publicly acknowledging their roles in promoting election fraud conspiracies and counseling the former President on changing the outcome of the election. Mr. Meadows, and today Mr. Scavino and Mr. Navarro, my question remains: What are you covering up, and who are you covering for? Their failure to answer that question about January 6 is disregarding the law, and they should be held accountable. That is why I will vote, and I will urge my colleagues to vote to hold Mr. Navarro and Mr. Scavino in contempt of Congress. Ms. CHENEY. Madam Speaker, I yield myself such time as I may consume. I think it is again very important as our colleagues are contemplating their vote on this resolution that they keep in mind the facts. And we are hearing a number of things that are not consistent with the facts. First of all, with respect to the establishment of the committee, Mr. Davis knows, and my colleagues know that we initially attempted to have a bipartisan commission, which, in fact, Leader McCarthy instructed Mr. Katko to negotiate with Chairman Thompson. Mr. Katko did that, secured everything the Republicans asked for, at which point, Mr. McCarthy walked away from the bipartisan commission, and then went over to the Senate side and lobbied against the establishment of a bipartisan commission. The establishment of the select committee, again, is not what we would have hoped. The 35 Republicans who voted for the bipartisan commission wanted a bipartisan outside commission, but we cannot let this attack go uninvestigated. Mr. Davis also knows that with respect to the membership of the committee, Speaker Pelosi said that she would not name two Members who had been identified by Mr. McCarthy; that is completely consistent with the resolution. And Mr. McCarthy then himself withdrew the other three and determined that he would not participate. Finally, Madam Speaker, I continue to hear this allegation that the committee is not investigating what happened at the Capitol, not investigating what happened with respect to the Capitol Police, not investigating what happened with respect to security that day. That is just not true. The committee has an entire team that is very focused on and investigating what happened with respect to security at the Capitol. And it is also the case, though, Madam Speaker, we must all remember that the former President provoked a violent assault on this body, and the extent to which there were security lapses, the extent to which people did not anticipate that there would be a violent assault on the Capitol, provoked by the former President, is not the fault of the Capitol Police. That is the responsibility of the former President. And I would also note, Madam Speaker, that Mr. Davis voted ``yes'' on the bipartisan commission when it came up. [[Page H4377]] Madam Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Raskin), my good friend and colleague. Mr. RASKIN. Madam Speaker, I want to underscore first the point that was just made by Ms. Cheney. The distinguished ranking member of the House Administration Committee was appointed to this committee, or the appointment was accepted by Speaker Pelosi, but it was withdrawn by the minority leader. It was not rejected by the majority; it was rejected by the minority. Madam Speaker, we are here in the broadest sense to defend American democratic institutions and the rule of law. And our colleague said before that if this investigation were valid, then we would be talking to officials from the Sergeant at Arms Office and the National Guard. Well, I have got good news for my friends. First, every court that has looked at their claim that this is an invalid investigation either because of its composition or because it was intrinsically flawed in its pursuit of the facts about January 6, has rejected those arguments. Every court that looked at it has rejected the precise arguments our colleagues are floating on the floor today. But I will go even further than that. We have, in fact, interviewed precisely the people that they set up as a test for the validity of our investigation from the Sergeant at Arms and the National Guard. And as patriotic public officials living out their oaths of office and not bowing down to the humiliating cult of Donald Trump, they didn't need a subpoena from this committee; they came voluntarily. They not only understood their legal duty to testify, a duty our colleagues, like my friend, the gentleman from Ohio, clearly understands when they wield the gavel, but they have come forward and said that it is a patriotic honor for them. It is not just a legal duty, it is a patriotic honor for them to render truthful testimony on this horrific attack against America, which interrupted the counting of electoral college votes for the first time in American history. {time} 1745 This is mandated in the 12th Amendment to the Constitution, which says that the House and the Senate must meet in joint session in order to count electoral college votes the first week of January, on the Wednesday following a Presidential election. What is remarkable to me is that the caucus that is now so drenched in the Trump-Putin propaganda is not just trying to denounce the Democrats for searching the truth right now. Today, they have begun the utterly cannibalistic process of vilifying and castigating Republicans just because they disagree with the orthodoxy, the dogma handed down by Donald Trump. Ms. Cheney is the former chair of the House Republican Conference, and it is left to Democrats to defend her against the vilification and the castigating that we hear. The SPEAKER pro tempore. The time of the gentleman has expired. Ms. CHENEY. I yield the gentleman an additional 30 seconds. Mr. RASKIN. It is up to us to defend Mr. Kinzinger and to defend Ms. Cheney, because if you don't go along with what Donald Trump says, if you don't act like you are a robot, or a member of a religious cult, they will attack you, they will vilify you, they will denounce you. These people, Mr. Kinzinger and Ms. Cheney, are constitutional heroes, and they don't deserve your contempt. The insurrectionists and the lawbreakers deserve your contempt because they are acting in contempt of the rule of law and the Constitution of the United States. Mr. BANKS. Madam Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Jackson). Mr. JACKSON. Madam Speaker, I thank my colleague from Indiana for the time. Madam Speaker, I rise today to speak about two great patriots who I am proud to call my friends, Dan Scavino and Peter Navarro. These two men have served our country honorably. Sadly, they are now targets of the political witch hunt simply because they served our country and they are loyal to our great former President, Donald J. Trump. The illegitimate January 6th Committee's ruthless crusade against President Trump and his close allies is yet another smear on this great body. It will go down in history as another failed attempt by my colleagues on the other side of the aisle to bring down good people simply because they disagree with their political beliefs. As someone who has been a target of the left and their ruthless tactics in the past, I know firsthand how damaging this can be. The American people are tired of this partisan January 6 circus. It is time to stop this nonsense now. I urge my colleagues to stand up against this charade and oppose this baseless resolution. Mr. THOMPSON of Mississippi. Madam Speaker, I reserve the balance of my time. Ms. CHENEY. Madam Speaker, I reserve the balance of my time. Mr. BANKS. Madam Speaker, I yield 5 minutes to the gentleman from Ohio (Mr. Jordan). Mr. JORDAN. Madam Speaker, I thank the gentleman for yielding. The majority leader, just a few minutes ago said--used the term ``danger to our democracy.'' Danger to our democracy. Think about this. Democrats have closed the Capitol, allowed proxy voting, kicked Republicans off committees, won't let Republicans serve on this select committee--the first time in the history of the Congress the minority leader was not allowed to put on a select committee the individuals he or she selected; first time in the history of our Nation. The Democrats are trying to end the electoral college; trying to end the filibuster; trying to pack the Court. This committee, the January 6th Committee, altered evidence and presented it to the American people as if it were true. And they accuse us of being a danger to our democracy? Mr. Gaetz was right. We have got a border that is complete chaos. We have $6 gas in California, $4 gas everywhere else in the country. We have crime at record levels in every major urban area in this Nation. And we have an inflation problem that is at a 40-year high. And this committee has more contempt resolutions for a purely political reason. I think the whole committee is pure political, designed to do one thing; keep President Trump off the ballot in 2024. The gentlewoman from Wyoming, in her opening comments, used the term, ``false message.'' False message. She used to say big lie. Now I guess it is false message. When she said it, I started jotting things down. Think about all the false messages we have got from them in the last few years. They told us the protests in the summer of 2020 were peaceful. We got a billion dollars' worth of damage around our cities that says it wasn't. They told us the dossier was real. They told us it was Republicans, Republicans who wanted to defund the police. That one is almost laughable, if it wasn't so serious for our law enforcement and for the families who live in those areas where mayors and city councils did defund the police. They told us the FBI didn't spy on the Trump campaign. We know that wasn't true. We have got inspectors general reports that tell us all kinds of things of what they did in front of the FISA Court. They said Trump colluded with Russia. We have got a Mueller report, 19 lawyers, 40 FBI agents, 30 million hard-earned American tax dollars in that report that said that false message was just that, false. They told us COVID didn't start in the lab; sure looks like it did. They told us the lab wasn't doing gain-of-function research; sure looks like it was. They told us the vaccinated can't get it. We know that is wrong. Every day there is a new announcement: Member of Congress is getting it; fully vaccinated, boosted, and everything else. They told us those who are vaccinated can't transmit it. They told us that was wrong. And you talk about the biggest false message, the biggest false message that has just been confirmed in the last week, how false it was? The Hunter Biden laptop was Russian disinformation. The Hunter Biden laptop was Russian disinformation. October 22, 2020, 2 weeks before the election, Candidate Biden, in a debate, [[Page H4378]] is asked about his son's business dealings with foreign companies. He says: ``Nothing was unethical.'' He said: My son has not made money with business interests--with companies with an interest in China. And we all know there are 4.8 million reasons why that statement was not accurate. And how do we know? Washington Post told us. Not me, not President Trump, not Republicans, The Washington Post told us last week, two stories last week, a week ago today, one at 11 a.m., one at 11:04 a.m.; two eight-page articles, 4 minutes apart, confirming what we knew, but what big media, big tech, Democrats colluded to keep from the American people just days before, just days before the most important election we have, the Presidential election, who is going to be our next Commander in Chief. The laptop was real. The eyewitness was real. The emails were real. The only thing fake was that collusion from those individuals, those entities to keep important information from we, the people, in the run- up to the most important election we have. And oh, by the way, they were joined by 51 former intel officials, joined in the collusion. You know what is also interesting? It is funny how that story has changed. Eighteen months ago, it started off, it wasn't his laptop. It quickly switched to well, it was his laptop, but it was Russian disinformation. And now it is, well, it wasn't Russian disinformation, but Joe Biden had nothing to do with it. Now it was, well, Joe knew what was going on, but he wasn't really involved in anything wrong. Ron Klain told us that, the Chief of Staff told us that Sunday. We need to be focusing on the issues that the American people want us to focus on. You want to talk about danger to our democracy and the biggest false message. I would say what happened--one of the biggest dangers to our democracy and one of the biggest false messages is what happened 18 months ago, where that story was kept from the American people. We could dig into that, find out what went on there, why that happened. And we could also focus on the record crime, record inflation, record price of gas, and the chaos on our southern border that is about to get worse. The SPEAKER pro tempore (Mr. Panetta). The time of the gentleman has expired. Mr. BANKS. I yield the gentleman an additional 30 seconds. Mr. JORDAN. It is about to get worse as the Democrats look to--as the Biden administration looks to repeal title 42. I urge a ``no'' vote. Mr. THOMPSON of Mississippi. Mr. Speaker, I have no further speakers, and I am prepared to close. I reserve the balance of my time. Ms. CHENEY. Mr. Speaker, I have no further speakers. I am prepared to close. I reserve the balance of my time. Mr. BANKS. Mr. Speaker, I am prepared to close. I yield myself the balance of my time. Mr. Speaker, it might feel really good today for my opponents on the other side of the aisle. It might feel really good in a vindictive sort of way, to vote to put their political opponents behind bars. That might feel really good for my opponents across the aisle. But I guarantee you, the history will not look back kindly on those actions in the years to come. I guarantee it. It couldn't be anymore un-American what they want to do today, to vote to put two men behind bars purely because they disagree with their politics and the man that they worked for. I can't think of a bigger reason for my opponents to vote ``no'' on such an un-American resolution. I urge all of my colleagues to vote ``no'' and do the same. Mr. Speaker, I yield back the balance of my time. Ms. CHENEY. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, it does not feel really good today. It feels sad, and it feels tragic that so many in my own party are refusing to address the constitutional crisis and the challenge that we face. The ranking member of the Judiciary Committee went to law school. I am not sure if he passed the bar. But he knows that we all have an obligation to abide by the rulings of the courts. So, yes, it was a false story. Yes, it was a big lie. In fact, former Vice President Pence has said that what President Trump wanted him to do was ``un-American.'' It was also unconstitutional, and it was illegal. Mr. Speaker, what gives me tremendous hope though is although so many in my party in this body have put loyalty to Donald Trump ahead of their oath to the Constitution, the committee has interviewed scores of Republicans from around the country who, in fact, have shown the kind of tremendous bravery and dedication to public service that every American can be proud of: Republicans who were appointed by President Trump to posts in the Department of Justice; Republicans who stood firm; Republicans who threatened to resign and who refused to participate in President Trump's efforts to corrupt the Department of Justice with the stolen election lies--yes, lies--that led to January 6. We have heard from Republicans serving in State legislatures, in State and local governments who also stood firm. Mr. Speaker, it is crucially important that this body hold these gentlemen in contempt. It is crucially important that they have to abide by their subpoena. I urge a ``yes'' vote, and I yield back the balance of my time. Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, let me say for the record, if there is any Member on the other side who feels the strength to come and testify before our committee, I invite them, right now, to let us know and we will gladly entertain whatever information they have as to what happened on January 6. Some of them ran out of this building fearing for their lives, so there is no question that something happened. And H. Res. 503 says, absolutely, we have to find the facts and circumstances as to what happened and why and make recommendations; and that is what we have to do. We have the constitutional power to issue subpoenas. If people do not follow subpoenas, we have the right to bring them before this body and recommend contempt citations; and that is what we are doing today. So it doesn't matter if they were a father, a mother, a sister, or a brother, had children; if they break the law, they break the law. No one is above the law, and that is the point we are trying to make. We asked the individuals, subpoenaed them to come before the committee, and they chose not to come and, therefore, they broke the law, and that is why we are here today. So, Mr. Speaker, as I have mentioned, when I testified before the Rules Committee, it is absurd that there should be any disagreement at all about why we are here for this contempt resolution. If you listen to the arguments from some of my friends on the other side, they have very little to say of substance of this matter. We hear excuses. We hear attacks about process. We hear scare-mongering about the select committee. Let me remind my colleagues, we have conducted over 830 interviews and depositions. And again, I invite any of them to come talk to us if they want to. Now, if, for some reason, they are reluctant or afraid, then I feel sorry for them. Our constitutional democracy was challenged on January 6. We have to fix this. Over 200 years, we have operated in complete freedom, and all of a sudden, this institution was attacked; and we have to fix that. {time} 1800 We are the number one democracy in the world, but we lead by example. Democrats are leading by example. The select committee is leading by example by bringing these two gentlemen who broke the law, who decided that it is better to deal with the law of Donald Trump rather than the Constitution of the United States of America. Mr. Speaker, I thank my colleagues, especially my friend from Wyoming (Ms. Cheney). Mr. Speaker, I urge every Member to support adoption of this resolution, and I yield back the balance of my time. Mr. SCHIFF. Mr. Speaker, I rise today in support of a simple, but sacred principle: No one is above the law. Peter Navarro was one of the former president's closest allies. And, by his own admission, played a direct role in planning and coordinating the events of January 6. He speaks [[Page H4379]] to that role on television, on podcasts, and even in his own book--yet he refuses to do so before Congress, even when compelled by a lawful subpoena. That is unjustifiable, and in light of the subpoena, a criminal form of contempt. Dan Scavino was similarly close to the former president--and similarly involved in the events leading up to and on January 6. Mr. Scavino played an intimate role in crafting former President Trump's social media strategy and served as his Deputy Chief of Staff for Communications. And, like Mr. Navarro, he was called before our committee because our evidence and public reporting, suggests he possesses direct, personal knowledge of the events leading up to January 6, and while the Capitol was under siege. Unfortunately, both Mr. Navarro and Mr. Scavino have chosen at every turn to obstruct, to conceal their knowledge, forgoing their legal duty to comply with a congressional subpoena and attempting instead to hide behind spurious claims of privilege. But let me be clear: There is no privilege that allows a witness to simply refuse to appear. President Biden has declined to assert any privilege and properly concluded that the national interests in hearing the testimony of Navarro and Scavino clearly outweigh any other consideration. And there is certainly no privilege that allows a witness to refuse to appear before Congress while sitting for press interviews or discussing the matter in a book. I urge all of my colleagues to vote in favor of this resolution. To do otherwise would set a dangerous precedent: That Congress is not a body that is capable of, or willing to, carry out meaningful oversight. That our subpoenas can be shrugged off or ignored. And that the American people can no longer have faith in our ability to investigate potential abuses of power by any president--past, present, or future. As Judge Carter said last week in his ruling, `If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.' He is right. We must commit to the pursuit of accountability and justice. Not as Democrats or Republicans, but as Americans who love and cherish our democracy. And I will take just one more moment to urge the Department of Justice to act with all due haste when they receive the criminal contempt referrals for Mr. Scavino and Mr. Navarro. And not just with respect to these referrals, but on any evidence of criminality connected to efforts to overturn the election. The rule of law must apply equally to all Americans, including former presidents. To do otherwise, risks another repetition of January 6th--or worse. The SPEAKER pro tempore. All time for debate has expired. Pursuant to the rule, the previous question is ordered on the resolution. The SPEAKER pro tempore. The question is on adoption of the resolution. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Mr. BANKS. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15- minute vote on adoption of the resolution will be followed by 5-minute votes on: Ordering the previous question on House Resolution 1033; Adoption of House Resolution 1033, if ordered; and The motion to suspend the rules and pass H.R. 7276. The vote was taken by electronic device, and there were--yeas 220, nays 203, not voting 6, as follows: [Roll No. 118] YEAS--220 Adams Aguilar Allred Auchincloss Axne Barragan Bass Beatty Bera Beyer Bishop (GA) Blumenauer Blunt Rochester Bonamici Bourdeaux Bowman Boyle, Brendan F. Brown (MD) Brown (OH) Brownley Bush Bustos Butterfield Carbajal Cardenas Carson Carter (LA) Cartwright Case Casten Castor (FL) Castro (TX) Cheney Cherfilus-McCormick Chu Cicilline Clark (MA) Clarke (NY) Cleaver Clyburn Cohen Connolly Cooper Correa Costa Courtney Craig Crist Crow Cuellar Davids (KS) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier Deutch Dingell Doggett Doyle, Michael F. Escobar Eshoo Espaillat Evans Fletcher Foster Frankel, Lois Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez, Vicente Gottheimer Green, Al (TX) Grijalva Harder (CA) Hayes Higgins (NY) Himes Horsford Houlahan Hoyer Huffman Jackson Lee Jacobs (CA) Jayapal Jeffries Johnson (TX) Jones Kahele Kaptur Keating Kelly (IL) Khanna Kildee Kim (NJ) Kind Kinzinger Kirkpatrick Krishnamoorthi Kuster Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Leger Fernandez Levin (CA) Levin (MI) Lieu Lofgren Lowenthal Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Manning Matsui McBath McCollum McEachin McGovern McNerney Meeks Meng Mfume Moore (WI) Morelle Moulton Mrvan Murphy (FL) Nadler Napolitano Neal Neguse Newman Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Perlmutter Peters Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Ross Roybal-Allard Ruiz Ruppersberger Rush Ryan Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Sewell Sherman Sherrill Sires Slotkin Smith (WA) Soto Spanberger Speier Stansbury Stanton Stevens Strickland Suozzi Swalwell Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres (NY) Trahan Trone Underwood Vargas Veasey Velazquez Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Williams (GA) Wilson (FL) Yarmuth NAYS--203 Aderholt Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bentz Bergman Bice (OK) Biggs Bilirakis Bishop (NC) Boebert Brady Brooks Buchanan Buck Bucshon Budd Burchett Burgess Calvert Cammack Carey Carl Carter (GA) Carter (TX) Cawthorn Chabot Cline Cloud Clyde Cole Comer Crawford Crenshaw Curtis Davidson Davis, Rodney DesJarlais Diaz-Balart Donalds Duncan Ellzey Emmer Estes Fallon Feenstra Ferguson Fischbach Fitzgerald Fitzpatrick Fleischmann Foxx Franklin, C. Scott Fulcher Gaetz Gallagher Garbarino Garcia (CA) Gibbs Gimenez Gohmert Gonzales, Tony Gonzalez (OH) Good (VA) Gooden (TX) Gosar Granger Graves (LA) Graves (MO) Green (TN) Greene (GA) Griffith Grothman Guthrie Harris Harshbarger Hartzler Hern Herrell Herrera Beutler Hice (GA) Higgins (LA) Hill Hinson Hollingsworth Hudson Huizenga Issa Jackson Jacobs (NY) Johnson (LA) Johnson (OH) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Keller Kelly (MS) Kelly (PA) Kim (CA) Kustoff LaHood LaMalfa Lamborn Latta LaTurner Lesko Letlow Long Loudermilk Lucas Luetkemeyer Mace Malliotakis Mann Massie Mast McCarthy McCaul McClain McClintock McHenry McKinley Meijer Meuser Miller (IL) Miller (WV) Miller-Meeks Moolenaar Mooney Moore (AL) Moore (UT) Mullin Murphy (NC) Nehls Newhouse Norman Obernolte Owens Palazzo Palmer Pence Perry Pfluger Posey Reed Reschenthaler Rice (SC) Rodgers (WA) Rogers (AL) Rogers (KY) Rose Rosendale Rouzer Roy Rutherford Salazar Scalise Schweikert Scott, Austin Sessions Simpson Smith (MO) Smith (NE) Smith (NJ) Smucker Spartz Stauber Steel Stefanik Steil Steube Stewart Taylor Tenney Thompson (PA) Tiffany Timmons Turner Upton Valadao Van Drew Van Duyne Wagner Walberg Walorski Waltz Weber (TX) Webster (FL) Wenstrup Westerman Williams (TX) Wilson (SC) Wittman Womack Zeldin NOT VOTING--6 Allen Bost Dunn Guest Johnson (GA) Kilmer {time} 1837 So the resolution was agreed to. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. Members Recorded Pursuant to House Resolution 8, 117th Congress Bass (Beyer) Bilirakis (Fleischmann) Blumenauer (Beyer) Bowman (Evans) Cardenas (Soto) Castro (TX) (Correa) Cawthorn (Gaetz) Clark (MA) (Blunt Rochester) Connolly (Wexton) Cooper (Correa) Crawford (Fleischmann) Crist (Soto) Cuellar (Correa) Doyle, Michael F. (Evans) Gohmert (Weber (TX)) Gomez (Soto) Gottheimer (Pallone) Grijalva (Stanton) Harder (CA) (Correa) Huffman (Stanton) Johnson (TX) (Jeffries) Joyce (OH) (Garbarino) Kahele (Mrvan) Kirkpatrick (Pallone) Lawson (FL) (Evans) Long (Fleischmann) McCaul (Kim (CA)) Meeks (Jeffries) Mfume (Evans) Newman (Garcia (IL)) [[Page H4380]] Owens (Tenney) Payne (Pallone) Peters (Jeffries) Porter (Wexton) Price (NC) (Butterfield) Roybal-Allard (Pallone) Rush (Evans) Schiff (Beyer) Scott, David (Jeffries) Sires (Pallone) Steube (Donalds) Suozzi (Beyer) Taylor (Jackson) Wasserman Schultz (Soto) Watson Coleman (Pallone) ____________________