Peter Navarro will not be able to argue before a jury at his contempt of Congress trial next week that the former president asserted privilege to shield him from a House committee subpoena . Navarro had not met the burden to establish that Donald Trump formally granted executive privilege or testimonial immunity . US District Judge Amit P. Mehta said he concluded that either Trump himself or someone authorized to assert privilege or immunity on his behalf would have had to personally invoke the privilege for it to be validly asserted . Navarros criminal case which was brought by the Justice Department in June goes to trial next Tuesday. Navarro has pleaded not guilty to the charges and Mehtas new ruling severely hamstrings the . arguments the former Trump aide will be able . present in his defense . The judge also pointed to the lack of follow-up from Trump to Congress after the House voted to hold Navarro in contempt of the committee subpoena in February . Navaro has said he will appeal the judge’s decision to deny the privilege . MehtA announced the ruling after holding an evidentiary hearing Monday during which Navarro testified about alleged assertions from Trump’s alleged assertions . The former president said Navarro said he still dont know what the president said in the February call he made about Navarro made to Navarro . said he made to the judge said in his testimony that Navarro. Navarro had said to Navararo. He said Navaros. He testified that Navarra. had said in an apparentiary hearing that he had said about Navarries. He had said. Navaro had said Navaro. Navara had said that he said. The judge said he did not want Navarria. He has said that Navaro said .