Politico Obtained A Letter That Shows Trump’s Lawyers Urging Former Aides To Defy January 6th Subpoenas

Just like an innocent person would do!


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The January 6 committee investigating the Capitol insurrection has already issued subpoenas to Trump allies and “Stop the Steal” organizers. Although the committee has threatened Trump aides with “criminal referrals,” former president Donald Trump’s attorney sent a letter directing the aides to defy the subpoenas. Politico obtained a letter from Trump that directs former social media czar Dan Scavino, former Defense Department official Kash Patel, former chief of staff Mark Meadows, and former White House adviser Steve Bannon to ignore the subpoenas.

“In a letter that POLITICO viewed, a Trump lawyer tells them not to cooperate with the probe,” the outlet reports. “The letter stated the committee is seeking materials that are covered by executive privilege, as well as other privileges.”

“President Trump is prepared to defend these fundamental privileges in court,” the letter said, according to Politico. “Then the letter directed its recipient to hold back any documents about his White House work and to refuse to testify about his official duties.”

“The letter kicks off the first major political and legal test for the select committee, which is probing Trump supporters’ violent attack on the Capitol,” the report continues. “It’s unclear how the committee will try to enforce the subpoenas of the Trump-allied foursome, but members of the panel — which includes seven Democrats and two anti-Trump Republicans — have said they may ask the Justice Department to prosecute witnesses who refuse to comply.”

“It also remains to be seen if the former Trump officials will follow Trump’s directions,” the report adds. “If they are convicted of criminal contempt of Congress, they could face a year in prison and a fine of up to $100,000.”

Trump, who is a private citizen now, doesn’t ultimately decide what is covered by executive privilege, but he could stall the process enough to damage the investigation.

Just Security reported in late August that the twice impeached one-term president’s claim of executive privilege could backfire.

“Trump responded with an announcement that he will “defend” executive privilege over these records. The implication is that he will file a lawsuit in Washington, D.C. seeking an injunction to prevent executive branch records from being turned over to the select committee,” the outlet reported. “Were he to sue, it could backfire on him – producing a decision by a federal court, and perhaps by the Justice Department as well, that the documents likely contain evidence of criminal conduct involving his actions on and before January 6.”

President Joe Biden has already signaled that he won’t block access to the former president’s January 6 records. Executive privilege is usually held by a sitting president, not a former president. One thing is clear: If Trump had documents that would clear him, he wouldn’t have a problem with investigators having access to them. He certainly sounds guilty of something.

Featured image via Michael Vadon/Flickr, under Creative Commons license 2.0

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