Topline
The House January 6 Committee is “in discussions” with former President Donald Trump’s legal team about him testifying in the lawmakers’ investigation, Rep. Liz Cheney (R-Wyo.) said Tuesday, raising the possibility that Trump could actually comply with the subpoena as he faces his first deadline Friday to turn over information to the committee.
Rep. Liz Cheney (R-Wyo.) speaks as the House select committee investigating the Jan. 6 attack on the … [+]
Key Facts
Cheney’s comments, made at an event in Cleveland on Tuesday and reported by CNN, mark the first indication that the House committee is actively in communication with Trump and his attorneys.
Trump has an “obligation to comply” with the subpoena, Cheney—who serves as the committee’s vice chair—said Tuesday, but it’s still unclear what the terms of his testimony will be.
Cheney reiterated previous comments that the testimony will be done under oath, and suggested it could take place over multiple days, saying lawmakers will not be at the “mercy of Donald Trump.”
The House January 6 Committee formally subpoenaed Trump for documents and testimony on October 21, asking him to turn over a broad range of communications related to January 6 and the aftermath of the 2020 election.
His attorneys formally accepted the subpoena, Politico reported October 26, but the ex-president has so far still not yet said publicly if he plans to comply with it.
Dhillon Law Group, which is representing Trump in the matter of the committee’s subpoena, has not yet responded to a request for comment.
What To Watch For
The committee has asked Trump to turn over documents in response to the subpoena by Friday, so whether he meets that deadline will mark the first major indication of whether he’s complying with the subpoena. Trump has then been asked to testify starting on November 14. His testimony wouldn’t result in direct consequences, because the House probe is just a fact finding investigation without the possibility of criminal charges. However, the Department of Justice could use Trump’s testimony to indict him if there’s evidence he committed a crime, as the DOJ is also separately investigating January 6 and the House committee has shared evidence with prosecutors.
What We Don’t Know
If Trump’s testimony—should it happen—will be aired live on television or conducted privately. The New York Times reported when the House committee voted to subpoena him that Trump told aides he wanted to testify, but only if he could do so live. ABC News reported committee lawmakers have been split on whether to allow the testimony to be televised, with some viewing it as beneficial while others don’t want to give him a platform. Cheney did not indicate Tuesday if there was any consensus yet on whether or not the testimony will be public.
Key Background
The House January 6 Committee voted during its last public hearing to subpoena Trump following months of speculation over whether lawmakers would do so, given the high likelihood he wouldn’t comply with the order. The committee has argued throughout its public hearings Trump faces legal culpability for the January 6 attack and the campaign to overturn the 2020 election, noting in its subpoena to Trump that it has “overwhelming evidence” that he “personally orchestrated and oversaw a multi-part effort to overturn the 2020 election and to obstruct the peaceful transition of power.” Lawmakers ultimately decided to subpoena Trump out of a sense of obligation to “tell the most complete story possible,” committee chair Rep. Bennie Thompson (D-Miss.) said ahead of lawmakers’ vote on the subpoena, also arguing the importance of “accountability” and that Trump “is required to answer for his actions.” If he refuses to comply with the subpoena voluntarily, it’s almost certain the committee will not hear from Trump at all, as it’s unlikely any court challenge over the subpoena would be resolved by the time the committee is forced to dissolve at the end of the year.
Further Reading
Trump Blasts House January 6 Committee Over Subpoena Request—But Still Won’t Say If He’ll Testify (Forbes)
House Jan. 6 Committee Subpoenas Trump (Forbes)
Jan. 6 Committee: Lawmakers Subpoena Trump In Final Hearing (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2022/11/01/trump-may-testify-to-jan-6-committee-as-deadline-looms-liz-cheney-suggests/