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Trump officials can testify about former president’s actions leading to insurgency, Justice Department decides

 


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Pro-Trump supporters storm the U.S. Capitol following a rally with President Donald Trump on January 6, 2021.

CNN –

The Justice Department has officially refused to assert executive privilege for the potential testimony of at least some witnesses related to the Jan.6 attack on Capitol Hill, a person briefed on the matter said.

The ruling paves the way for some former Justice Department officials to testify to what they witnessed in the chaotic days between former President Donald Trump’s November election loss and early January when he tried to use the Department of Justice and other means to assert false claims that he won.

Among the potential witnesses that a special committee to investigate the January 6 insurgency is expected to seek testimony from is Jeffrey Rosen, who was acting attorney general in late December and until the inauguration of President Joe Biden.

Rosen and other justice officials were at the center of a campaign to lobby Trump and other White House officials to back up his allegations of electoral fraud. Frustrated that the Justice Department could not find evidence of fraud, Trump considered replacing Rosen with Jeffrey Clark, another Justice Department official who has expressed support for the fraud allegations. Rosen and a group of senior Justice officials were preparing to step down if Clark was appointed acting attorney general.

The decision of the Ministry of Justice applies to former employees of the Justice. Other potential witnesses the committee may wish to hear, such as former White House officials, may be subject to a different standard under executive privilege.

DOJ informed former officials in a letter Monday that they were free to testify without restriction and regardless of any potential privilege, according to a copy of a letter reviewed by CNN.

The House Oversight Committees and the Senate Judiciary had asked the department to allow certain former officials to testify about their interactions with Trump and other White House officials, according to the letter. The new select committee investigating the Capitol riot may seek similar testimony.

The extraordinary events in this case constitute exceptional circumstances justifying an accommodation to Congress in this case, the letter from Bradley Weinsheimer, assistant deputy attorney general said.

The letter notes that the department consulted with the White House’s office of advisers, which conveyed President Joe Bidens’ decision not to invoke executive privilege.

A Trump lawyer did not immediately respond to a request for comment.

The move is one of two politically sensitive cases facing Attorney General Merrick Garland this week. Later Tuesday, the Justice Department faces a deadline to tell a federal judge whether it is considering protecting Rep. Mo Brooks, who is accused in a lawsuit brought by Rep. Eric Swallwell over the rally speech Brooks arsonist in front of the pro-Trump crowd ahead of the Jan.6 attack on the Capitol.

05:09 – Source: CNN

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Brooks argued that the Justice Department should take charge of his defense because he was acting as a congressman during the political rally.

Some liberals have criticized Garland for his efforts to restore institutional standards to the Department of Justice, including aligning himself with some Trump-era decisions made by the department. Among these: The Justice Department continued to defend the former president in a lawsuit brought by E. Jean Carroll, who accused Trump of sexually assaulting her and suing the former president for defamation.

This story has been updated with additional details from the DOJ.

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