The House select committee voted Monday night to move forward with contempt charges against two of Donald Trump's former aides for their involvement in efforts to overturn the 2020 election and their subsequent months-long refusal to comply with the committee.
The committee alleges that Peter Navarro, a former White House trade adviser, and Daniel Scavino Jr., a former communications chief, have not cooperated in the investigation. The committee claims in a report that both men played a role in Trump's last-ditch effort to delay the certification of the presidential election, and that they have refused to turn over documents despite being subpoenaed.
Monday's vote is the latest in a series of referrals against high-profile Trump allies and White House officials facing similar repercussions.
The committee can refer individuals to the DOJ, but it is up to the DOJ to pursue charges. Only one person has been indicted by a federal grand jury for contempt of Congress. It's been 104 days since the House voted to hold him in contempt, and that's how long it's been since the committee cooperated with him. The DOJ has not commented on its decision on whether to prosecute him.
The committee is doing its job, according to Rep. Lofgren.
The referrals from the January 6 committee create a political and legal challenge for Attorney General Garland, who has repeatedly expressed a desire to restore faith in DOJ's independence and keep the Department from getting involved in political fights. Even though DOJ has already charged hundreds of people who participated in the riot, indicting a White House official is more complicated. The Department's long silence on Meadows could indicate that it wants to take things slow or at least keep negotiations behind closed doors to avoid being spun as a political attack.
Garland and the Justice Department as a whole have made it a priority to restore the independence of DOJ from the White House, particularly in the context of criminal prosecution, says Jonathan Shaub, a law professor who previously served in the Obama Administration.
The Justice Department did not respond to the request.
Garland is waiting to see how current cases progress before making a decision on whether or not to prosecute. In July, the Justice Department will be fighting a case. If his argument that he was following Trump's claims of executive privilege holds up in court, it could complicate matters for prosecuting Trump allies.
The Jan. 6 committee issued two subpoenas to him and his cell phone carrier, and he filed a civil lawsuit against them. There hasn't been a decision yet in that case.
The Office of Legal Counsel and the criminal division of the DOJ may disagree on whether or how to proceed. Internal dialogue and debate are usually a key part of a high-stakes criminal case, but before making a final decision, the DOJ needs to ensure that prosecution is consistent with past opinions and guidelines from its own in-house experts.
It has been more than three months since the DOJ made a decision on whether to take up the charges. What the Department decides will likely be a big part of the cases of both Navarro and Scavino. The full House will vote soon on whether to refer the two men to the Justice Department, which is likely to happen given the House's Democratic majority.
The Department of Justice must act quickly, according to Elaine Luria.
You can write to Nik Popli at nik.popli@time.com.
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