Trump Lawyer Herschmann Subpoenaed In DOJ’s Jan. 6 Probe — Here’s Who Else Has Been Asked To Testify

Topline

A federal grand jury has subpoenaed Trump administration attorney Eric Herschmann as part of the Justice Department’s investigation into the January 6 attack on the Capitol building, Politico first reported Monday, making him the latest Trump ally asked to cooperate with the probe as it ramps up and reportedly becomes increasingly focused on former President Donald Trump.

Trump attorneys Eric Herschmann (center) and White House counsel Pat Cipollone (right) arrive at the … [+] U.S. Capitol on January 22, 2020 in Washington, D.C. T

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Key Facts

Herschmann was subpoenaed for documents and testimony, according to an anonymous source cited by Politico, after serving as a legal adviser to Trump at the White House, where he clashed with other lawyers following the 2020 election who backed Trump’s efforts to overturn the election results.

White House counsel Pat Cipollone and deputy Patrick Philbin were previously subpoenaed earlier in August, multiple outlets report, after both attorneys similarly objected to Trump’s post-election efforts.

Former Vice President Mike Pence’s chief of staff Marc Short and counsel Greg Jacob testified to the grand jury in July, which the New York Times reports marked the first known instance of people participating in the probe who were working at the White House in the days before January 6.

Cassidy Hutchinson, the former aide to Trump Chief of Staff Mark Meadows who gave explosive testimony to the House January 6 Committee, is reportedly cooperating with the probe, though ABC News reports it’s unclear to what extent she is.

The grand jury has reportedly issued a slew of subpoenas to state officials and lawmakers who were involved with the “fake elector” scheme in battleground states—in which Republicans tried to submit “alternate” slates of electors to Congress claiming Trump had won their states—asking for information about pro-Trump lawyers like Rudy Giuliani and for communications with any individual or group advocating for Trump’s reelection.

Subpoenas have also reportedly been issued to Trump allies who helped plan, fund and execute the rally that preceded the January 6 attack, and Ali Alexander, who founded the “Stop the Steal” group that organized the rally, said in June he had testified to the grand jury.

Tangent

In addition to the grand jury subpoenas for testimony and documents, federal prosecutors have also searched former Justice Department official Jeffrey Clark’s home and seized Trump attorney John Eastman’s cell phone, after both supported the efforts to overturn the election. Investigators have also obtained phone records from top Trump officials and aides, the New York Times and Washington Post reported in July, including Meadows.

Key Background

The Justice Department has been conducting a wide ranging investigation into the events of January 6 since the immediate aftermath of the attack, which has resulted in nearly 900 participants in the Capitol riot being charged thus far. Reports emerged in March that the probe had started expanding to include the events preceding the attack like the rally, before subpoenas were issued in conjunction with the “fake electors” scheme starting in the spring. Judging by the requests issued so far, the New York Times notes the investigation appears to be focused on two different “lines of inquiry,” one being the alternate electors plot and the other being Clark’s effort to stop Georgia from certifying President Joe Biden’s win by falsely claiming the DOJ had found evidence of fraud. Multiple outlets report the investigation appears to be increasingly focused on Trump and his actions, with witnesses asked during their testimony about conversations with the ex-president. CNN reports Trump’s attorneys are in talks with the DOJ about whether conversations Trump had as president can be shielded from investigators.

What To Watch For

More people to be subpoenaed. CNN reported in July that the DOJ is preparing to call more Trump officials to testify—and getting ready for court battles if they refuse or try to shield conversations they’ve had with Trump.

What We Don’t Know

Whether Trump will ultimately be charged. Trump’s attorneys have warned the former president that indictments in the investigation are possible and have already started developing possible defenses if he is charged, CNN reports, though it’s still unclear if he will be. According to sources cited by the Post, any legal scrutiny Trump faces in the investigation would likely be tied to conspiracy or obstruction allegations based around his effort to overturn the election results and block Congress from certifying the votes on January 6, or for alleged fraud related to the “fake electors” scheme and Trump’s false claims of voter fraud.