WASHINGTON (AP) Former Trump White House official Peter Navarro was indicted Friday on charges that he refused to cooperate with a congressional investigation into the Jan. 6 attack on the U.S. Capitol, but the Justice Department spared two other advisers, including the ex-presidents chief of staff, Mark Meadows, from criminal prosecution.

The departments decision to not prosecute Meadows and Dan Scavino , another adviser to former President Donald Trump , was revealed in a letter sent Friday by a federal prosecutor to a lawyer for the House of Representatives. The move was reported hours after the indictment of Navarro and a subsequent, fiery court appearance in which he vowed to contest the contempt of Congress charges.

The flurry of activity comes just days before the House committee leading the investigation into the riot at the Capitol holds a primetime hearing aimed at presenting the American public with evidence it has collected about how the assault unfolded. It shows how the Justice Department has opted to evaluate on a case-by-case basis contempt referrals it has received from Congress rather than automatically opt for charges against each and every Trump aide who has resisted congressional subpoenas.

Though the Justice Department has referred multiple Trump aides for potential prosecution for refusal to cooperate, Navarro is only the second to face criminal charges, following the indictment last fall of former White House adviser Steve Bannon.