House Jan. 6 Committee Subpoenas Trump

Topline

The House January 6 Committee formally issued a subpoena to former President Donald Trump Friday, requesting the ex-president to testify to the committee and turn over documents—and likely setting up a lengthy court battle if Trump refuses to comply with the subpoena, as is expected.

A video of former President Donald Trump is played during a hearing by the House Select Committee to … [+] Investigate the January 6 Attack on the U.S. Capitol on October 13, 2022, in Washington, D.C.

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Key Facts

The subpoena requests Trump provide the committee with documents by November 4 and testify to lawmakers “beginning on or about” November 14.

Subpoenaing a former president “is a significant and historic action” that’s “not to be taken lightly,” lawmakers acknowledged in the subpoena, but argued Trump was “at the center of the first and only effort by any U.S. President to overturn an election and obstruct the peaceful transition of power,” which culminated in the January 6 attack on the Capitol.

The subpoena asks for all of Trump’s communications on January 6 and any communications following the 2020 election that related to it or January 6, along with any conversations he had with far-right groups like the Oath Keepers and Proud Boys and with allies who helped his efforts to overturn the election, such as Roger Stone, Steve Bannon, Rudy Giuliani and Sidney Powell.

The committee’s evidence shows Trump knew his efforts to overturn the election were “illegal and unconstitutional” and the claims of voter fraud he made were unsubstantiated by evidence, the subpoena argues, noting that even if Trump were to testify that he personally believed the voter fraud claims were true, his “subjective belief could not render this conduct justified, excusable or legal.”

Lawmakers on the January 6 committee voted unanimously to issue a subpoena to Trump during the committee’s public hearing on October 13, but had not yet formally issued the subpoena until now—reportedly because Trump did not have an attorney who was actually authorized to accept it, ABC News reported.

Trump has not yet said publicly whether he intends to comply with the subpoena, and Dhillon Law Group, which Politico reports is now representing Trump in handling the committee’s subpoena, has not yet responded to a request for comment.

Crucial Quote

“As demonstrated during our hearings, we have assembled overwhelming evidence . . . that you personally orchestrated and oversaw a multi-part effort to overturn the 2020 election and to obstruct the peaceful transition of power,” committee Chairman Rep. Bennie Thompson (D-Miss.) and Vice Chair Rep. Liz Cheney (R-Wyo.) wrote in the subpoena.

What We Don’t Know

What Trump’s response to the subpoena will be, as while the ex-president is widely expected to defy the lawmakers’ request, he has not yet actually said he’ll do so. Trump shared a Fox News report from a source close to him that said he “loves the idea of testifying” so he could “talk about how corrupt the election was,” and sources cited by the Guardian said Trump may ultimately choose to appear before the committee. Trump responded to the House committee’s vote last week with a letter that blasted the committee as a “charade and a witch hunt” and disparaged its investigation, but did not actually say whether or not he would comply with the subpoena.

What To Watch For

If Trump doesn’t comply with the subpoena, it could set up a lengthy court battle that’s unlikely to be resolved in time for him to testify. The House January 6 Committee is set to dissolve by the end of the year, when the current congressional term expires. Lawmakers will also issue a final report before the committee disbands, meaning the committee would want to get Trump’s testimony before that’s issued. It’s unlikely any court challenges would be resolved before that point if Trump challenges the subpoena, and legal experts have suggested the subpoena against him may ultimately be more of a symbolic move than actually likely to garner his testimony.

Surprising Fact

The House January 6 Committee can’t actually punish Trump for anything in his testimony, as the committee does not have the power to bring charges against anyone. Trump’s testimony could be used to inform lawmakers’ efforts to pass legislation to ensure future presidents can’t similarly try to overturn an election, the lawmakers noted in their subpoena, however. The committee can also refer any evidence it gets from Trump to the Justice Department, which is separately investigating January 6 and the 2020 election and could indict Trump if they find evidence of a crime.

Key Background

The House January 6 Committee voted to subpoena Trump last week following months of speculation over whether or not they would actually do so, given the high likelihood that he wouldn’t comply. Thompson previously suggested in April that lawmakers would only ask Trump to appear voluntarily rather than compel his testimony, but later said during the public hearing last week the “committee needs to do everything in our power to tell the most complete story possible,” which includes subpoenaing Trump. Requiring him to testify is also “about accountability to the American people,” Thompson said, arguing Trump “is required to answer for his actions.” The House January 6 Committee’s public hearings have broadly put the blame on Trump for the campaign to overturn the 2020 election and the January 6 attack on the Capitol building, with Rep. Liz Cheney (R-Wyo.) saying the committee’s evidence “has shown us that the central cause of January 6 was one man, Donald Trump, who many others followed.”