DOJ Preparing To Push Trump Aides To Testify In Jan. 6 Probe, Report Says

Topline

The Department of Justice is planning to push more Trump Administration staffers to testify in its investigation of the January 6 attack on the Capitol, and could wage court battles to overcome any executive privilege claims, CNN reported Thursday, as the DOJ’s criminal probe appears to be nearing Trump’s inner circle.

Key Facts

Unnamed sources told CNN prosecutors are seeking information on former President Donald Trump’s actions and conversations leading up to and during the Capitol riot, but the former president may claim that information is shielded by executive privilege, a legal doctrine that allows presidents to keep some communications secret.

Two top aides who served under Vice President Mike Pence—Marc Short, his chief of staff, and Greg Jacob, his top legal counsel—recently testified before a federal grand jury in the DOJ’s January 6 investigation, but reportedly avoided some specifics about Trump over concerns about executive privilege.

Former White House aide Cassidy Hutchinson is also cooperating with prosecutors, according to CNN, though it’s unclear whether executive privilege has been a point of concern with her potential testimony.

The Justice Department did not immediately respond to a request for comment from Forbes, and typically does not remark on ongoing investigations.

Margo Martin, a spokeswoman for Trump, did not immediately respond to a request for comment from Forbes.

Surprising Fact

Some legal experts say the executive privilege claims made by Trump to shield some January 6-related records from public view are flimsy, especially since Trump is no longer in office, but several witnesses withheld details from the House January 6 committee over privilege concerns.

Key Background

The Justice Department’s January 6 probe is a separate yet similar investigation to the one being overseen by the House January 6 committee, with the crucial difference being the DOJ has power to bring criminal indictments. The DOJ has charged hundreds of people with participating in the January 6 riot, but in recent weeks, it has also appeared to show more interest in Trump and his allies’ push to overturn the 2020 election results. The Washington Post reported Tuesday the DOJ has asked witnesses about conversations with Trump, and last month, federal officials searched Trump-era DOJ lawyer Jeffrey Clark’s home and took Trump attorney John Eastman’s cell phone. The large amount of crossover between the two investigations has drawn frustration from both camps. Rep. Jamie Raskin (D-Md.), a member of the committee, said last week he has become “impatient” with what he believes is a slow-moving DOJ investigation, while federal prosecutors have requested transcripts the committee has thus far been unwilling to turn over. In an interview with NBC’s Lester Holt that aired Tuesday, Attorney General Merrick Garland said the DOJ is moving forward with its own investigation “through the principles of prosecution” while it waits for the January 6 committee to finish its probe, and acknowledged the committee will likely collect some evidence before prosecutors do.

Tangent

Former White House chief strategist Steve Bannon long argued executive privilege prevented him from complying with a January 6 committee subpoena that demanded his testimony, but a federal judge did not let Bannon’s attorneys make that claim at his recent contempt trial for ignoring the subpoena, saying there was no legal basis for it. Bannon was found guilty last week of two counts of contempt of Congress and faces a maximum sentence of two years in prison.

Further Reading

EXCLUSIVE: Prosecutors prepare for court battle to force former White House officials to testify about Trump’s January 6 conversations (CNN)

Breaking: Bannon Found Guilty Of Contempt Of Congress—Could Face Two Years In Prison (Forbes)