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The select committee of the House investigating the January 6, 2021 uprising issued a subpoena on Wednesday evening to former White House lawyer Pat Cipollone after the highly successful testimony of a former aide identified the lawyer as first-hand knowledge of possible criminal activity in Trump’s White House.
The decision came after extensive negotiations between Cipollone and the committee, as well as a sharp escalation of pressure on him in recent days for him to come forward to testify. Committee members have come to believe that the former lawyer’s testimony could be critical to his investigation, given his closeness to Donald Trump and his presence during key moments before, during and after the attack. January 6 at the United States Capitol. The subpoena is likely to spark a long legal battle.
Cipollone sat down for an informal interview with the committee on April 13, according to a letter from panel chairman Rep. Bennie G. Thompson (D-Miss.), But declined to cooperate further.
“In the weeks that followed, the Selecto Committee has continued to obtain evidence on which you are in a unique position to testify; unfortunately, however, you have refused to cooperate further with us, even providing testimony in the record. We have no choice but to give you this quote, “Thompson wrote.
A statement from Thompson and the committee’s vice chairwoman, Deputy Liz Cheney (R-Wyo.), Said the committee’s investigation had “revealed evidence that Mr. Cipollone has repeatedly raised legal and other concerns about the president’s activities. Trump on January 6 and during the previous days.
Cipollone did not respond to a request for comment.
The summons came a day after a whirlwind hearing with former White House aide Cassidy Hutchinson. Early Wednesday morning, Cheney tweeted about the committee’s next important goal.
“It’s time for Mr. Cipollone to testify in the minutes,” Cheney tweeted at 5:50 p.m. “Any concerns you have about the institutional interests of your previous position are offset by the need for your testimony.”
Cassidy Hutchinson feeds for the Justice Department to investigate Trump
Cipollone has been mentioned frequently over the past month, as several witnesses who have appeared at the committee’s public hearings have cited his constant presence at extraordinary meetings and legal advice, though sometimes unwanted. But he has remained invisible to the American public, neither has agreed to sit in recorded interviews nor has he appeared as a live witness at a committee hearing.
The committee hopes this will change soon. Cheney, in particular, has been determined to secure Cipollone’s cooperation, so far without luck.
But the citation may give Cipollone coverage to cooperate with the committee, as Trump and his allies have tried to prevent those in the former president’s orbit from providing the committee with potentially harmful information.
Hutchinson in his testimony portrayed Cipollone as one of the last firewalls blocking Trump’s efforts to annul the election. She stated that on the morning of January 6, Cipollone filed an urgent petition, saying “something to the effect of, ‘Please make sure we don’t go up to the Capitol, Cassidy. Keep in touch with me. We will be charged with every conceivable crime if we make this move happen. ”
Tuesday’s surprise hearing was designed in part to increase pressure on reluctant witnesses like Cipollone, according to those involved in the investigation, who, like others quoted in the news, spoke on condition of anonymity to describe internal deliberations. . One of these people said there was a strategy behind the scenes to get other witnesses to testify, especially Cipollone.
“You can probably give the best overview of how [former White House chief of staff Mark] meadows, [former Trump lawyer Rudy] Giuliani and Trump were told that what they were doing could be illegal, “said one person involved in the investigation.
Cheney has repeatedly told other people that securing the lawyer’s appearance would be a great victory for the committee. But two advisers to the committee said they feared his appearance would never materialize.
“Cassidy told the world [Cipollone] has first-hand knowledge and therefore evidence of the crimes Donald Trump committed, “said a person close to the investigation, speaking before the summons was issued.” The committee should summon him, consider him. out of contempt and refer him to the Department of Justice for criminal prosecution. “
Cipollone’s citation comes after extensive negotiations over his possible cooperation, according to people familiar with the matter. While some fear the committee’s harsh tactics could be counterproductive to investigators, other legal experts say lawmakers have exhausted all other options and are running out of time to get crucial evidence.
“They’re halfway through the hearings and they don’t have much time left, so they have to raise the temperature,” said Norm Eisen, a senior member of the Brookings Institution and an adviser to the House Democrats during the first Trump session. dismissal. “Based on the public articulation of the committee of strong encouragement for Pat to come forward, they have apparently tried all measures except one citation and he has refused to cooperate.”
A cigar smoker with deep ties to the Federalist Society, Cipollone has maintained a relatively low profile since leaving the White House, avoiding high-profile media interviews and public appearances. While Cipollone has been a fairly reliable public ally of Trump, he is not close to the former president, according to several people in Trump’s orbit.
For all the faithful Trump surrounded, Cipollone was closer to an apostate in the west wing.
The lawyer repeatedly rejected some of Trump’s most conspiratorial ideas and told his attendees that he should be at some of the meetings with outside advisers during which plans were discussed over the attempt to overturn the results of the 2020 election. Cipollone never agreed with Trump’s claims that the election was stolen, according to people who spoke to him at the time. After January 6, he argued against the widely distributed pardons.
“He and the team always said, ‘Oh, we’re going to resign,'” Jared Kushner, Trump’s son-in-law and White House adviser, told investigators of Cipollone’s response to Trump’s potentially illegal activity. , according to a record. statement made in public by the committee. “‘We won’t be here if that happens, if that happens.’ So I took it to be crying, to be honest with you.
Trump often punished Cipollone, saying in private that he was one of the worst lawyers of all time. He even mocked Cipollone in the face in front of other advisers, saying, “Why do I have the worst lawyer ever?”
Cassidy Hutchinson’s testimony was unique. The consequences have not been.
Trump shouted that Cipollone always told him no, according to a former administration official. Some former White House officials, however, have criticized the attorney’s office for not doing more to push Trump forward.
Cipollone has made several moves in recent months indicating that he was no longer close to Trump. Most notably, he attended a book party for former Attorney General William P. Barr, mingling with a crowd that included some of the committee’s eventual star witnesses. But he has privately expressed skepticism to allies about the statement, saying he fears it set a dangerous precedent.
A Trump adviser who keeps in touch with Cipollone said he was skeptical of the U.S. Circuit Court of Appeals’ decision for the DC Circuit that the House had the right to ask the court to enforce a subpoena of Donald McGahn, another former White House lawyer under Trump. , for information on the executive branch.
“It simply came to our notice then [Cipollone] he thinks he shouldn’t talk about it, “said the councilor. “He still respects man more than he should be, given the way he was treated [Trump]. He won’t come in and start talking about everything. He would be very narrow, and he is a very careful boy. He really has a strong belief in the institution and that he should keep the privileges. “
A second person said Cipollone is still a devout Republican and believes Democrats in the House had repeatedly overruled his investigations into Trump.
A Trump ally said he did not believe Cipollone should testify.
“I think for the institution and the presidency, I’m not so sure it’s a good idea,” said Sen. Lindsey O. Graham (RS.C.). “The 9/11 Commission worked differently. This is a stacked deck if there ever was one. They take out this lady, drop what appears to be a bomb; they have not done their due diligence. It seems so political. If I were him, I wouldn’t go in, but it’s up to him. “
On Wednesday, the committee was subjected to a growing scrutiny by Trump allies to highlight Hutchinson’s claims about Trump being thrown at a Secret Service officer and trying to get behind the wheel of the presidential SUV. One person familiar with the direct knowledge of the committee’s work said the committee had no direct evidence to corroborate or repudiate Hutchinson’s testimony, and some people involved in the committee’s work said they hoped more evidence would emerge to corroborate their affirmations.
Another well-known former White House attorney, who eventually testified in Congress about his role in covering up the Watergate scandal, said he believes Cipollone has a moral imperative to cooperate with the committee.
“He has taken an oath to protect and defend the Constitution on three occasions, twice when he was admitted to the bar with the licenses he still holds, and once when he assumed the position of White House lawyer, and I think oaths are serious matters, ”said John Dean, Richard M. Nixon’s …