Lawyers for Donald Trump will be considered among the "most crucial witnesses" under Special Counsel Jack Smith's probe into the events which led up to the January 6 attack, according to a legal expert.
In a series of tweets, Lisa Rubin, an attorney and legal analyst for MSNBC, noted that White House lawyers for the former president who have been forced to testify as part of the January 6 probe could end up providing crucial evidence against Trump. The same could apply to other lawyers who represented the Republican around the time of the 2020 Election and in the run-up to the Capitol attack.
Rubin made the remarks amid claims that Smith's office has started to hone in on several personal lawyers linked to Trump. These include Sidney Powell, who was sanctioned after pushing several major falsehoods and conspiracy theories about the last election, as well as Emily Newman, a lawyer who worked with Powell.
"Until recently, few had more access to Trump than his closest legal advisors," Rubin tweeted.
"Trump understood attorney/client privilege, deploying his lawyers with and without their knowledge as instruments of his alleged crimes. So it likely was with the post-election crew. The 1/6 boots on the ground were worlds from Trump, but the lawyers were not.
"They had his ear, & more importantly, he spoke right into theirs. They heard what he knew, and they know what he nonetheless directed. And besides [former White House chief of staff Mark] Meadows, Pence, & small group of WH lawyers ([Pat] Cipollone, [Patrick] Philbin, & [Eric] Herschmann), the lawyers are the most critical witnesses."
Trump's former personal attorney Rudy Giuliani recently voluntarily answered questions from federal prosecutors regarding an alleged plot to create a fake group of electors who would falsely declare that Trump had beaten Joe Biden in several key swing states in which the Republican had actually lost in 2020.
During his testimony, Giuliani was asked about fellow Trump lawyer John Eastman. Eastman is said to have been a key part in the plan to persuade then vice president Mike Pence to prevent the congressional certification of the election on January 6 at the Capitol, despite knowing such a move could be illegal
Trump denies any wrongdoing in connection to the January 6 attack and efforts to overturn the last election results.
Both Cipollone and Philbin were ordered by a judge in December to further testify to a grand jury as part of Smith's January 6 and 2020 election investigation, having previously declined to answer some questions while citing attorney-client privilege.
Last summer, the House Select Committee investigating the January 6 attack revealed testimony from Cassidy Hutchinson, a former top aide to Meadows. Hutchinson said that Cipollone expressed fears that Trump's inner circle would be "charged with every crime imaginable" if the former president's supporters marched to the Capitol after being made away some of them in Washington D.C. that day were armed on January 6.
Herschman was reported to have subpoenaed to give documents and testimony as part of the January 6 attack federal inquiry last August. Herschman is alleged to have expressed concerns about Trump's insistence of voter fraud in Georgia during the 2020 election, and emailed lawyers and advisors suggesting the claims "may not be sustainable upon detailed scrutiny."
Rubin made the remarks amid speculation that federal prosecutors are nearing the end of their joint investigations into the January 6 attack and the attempt to overturn the 2020 election results, and that indictments could be forthcoming.
Smith's office has already charged Trump as part of the classified documents case, with the former president pleading not guilty to 37 felony offenses.
Trump's office has been contacted for comment via email.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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