Biden denies executive privilege for ex-Trump aides Michael Flynn, Peter Navarro

March 1 (UPI) -- President Joe Biden will not allow former Trump administrators Michael Flynn and Peter Navarro to use executive privilege to keep from testifying in front of the House Jan. 6 committee investing the 2021 attack on the U.S. Capitol.

Flynn, former President Donald Trump's onetime national security adviser, and Navarro, his former trade adviser, have both claimed executive privilege in relation to the investigation.

"President Biden has determined that he will not assert immunity to preclude you from testifying before the Select Committee," deputy White House counsel Jonathan Su said in a letter to Navarro.

"In light of President Biden's determination not to assert executive privilege with respect your testimony, we are not requesting that agency counsel be permitted to attend the deposition."

In Su's other letter, he cites that Flynn was not acting as an official in Trump's administration at the time the committee wants to cover.

"Because your client was not an executive branch employee during the events at the core of the Select Committees inquiry, we do not believe there is any requirement that agency counsel be present at his deposition," the letter said.

Now, the two must either cooperate with the committee or face possible contempt of Congress charges from the Justice Department. Navarro has already threatened to fight the decision in court.

"Mr. Biden is not the president I worked for. Donald Trump is," Navarro told Axios. "It is fanciful and dangerous to assert that a sitting president can revoke the executive privilege of his predecessor. See you at the Supreme Court."

A U.S. district judge in Florida ruled against Flynn in his attempt to file a restraining order to keep him from testifying but his attorney David Warrington said he never claimed executive privilege.

"At no time has executive privilege been asserted by us or our client in connection with the select committee's subpoena," Warrington told Axios. "At no time has our client refused to appear for a deposition. At no time has anyone requested agency counsel to be present at any deposition."