he is the trendy onetime pinnacle aide to the previous president to get hold of a summons from a federal grand jury investigating the jan. 6 attack.
a federal grand jury investigating the jan. 6 attack has subpoenaed trump white residence lawyer eric herschmann for files and testimony, consistent with a person familiar with the problem.
herschmann represented donald trump inside the former president’s first impeachment trial and later joined the white residence as a senior adviser. he did now not work within the white house recommend’s office, however did provide trump with criminal advice. because of that obligation, there will in all likelihood be litigation over the scope of the subpoena and over how govt and legal professional-purchaser privileges may additionally limit herschmann’s ability to comply.
herschmann isn’t always the primary former trump white residence legal professional to obtain a doj subpoena. pat cipollone, who served as white house suggest, and patrick philbin, who served as deputy suggest, have also been subpoenaed.
throughout the tumultuous very last weeks of trump’s term, herschmann clashed with other aides and advisers who pushed the defeated president to combat the election effects. he turned into also present for most of the maximum consequential meetings in that period of time. amongst them turned into a high-stakes meeting in which most of the trump justice branch’s top brass threatened to surrender in preference to work beneath a colleague who wanted to increase spurious claims of large voter fraud.
herschmann additionally sparred with sidney powell and michael flynn when they advised trump to have the navy seize voting machines. the jan. 6 pick committee has aired severa quantities of his testimony to their panel, that is blunt and every so often darkly amusing.
a spokesperson for herschmann declined to remark. the justice department declined to remark.
in his testimony to the select committee, herschmann described lambasting jeffrey clark, then a pinnacle justice department lawyer, for the duration of a white house meeting on jan. three, 2021. at that time, clark was urging trump to remove then-acting attorney preferred jeff rosen and provide him the activity.
clark had endorsed his doj colleagues to ship letters to kingdom legislators announcing the branch had discovered regarding proof of voter fraud in the 2020 election. former legal professional preferred bill barr, but, had stated the branch observed no proof of fraud that would have swung the election. under those circumstances, clark’s plans so worried his colleagues that many of them warned trump in that jan. 3 meeting that they could cease if he gave clark the pinnacle activity.
herschmann later recalled to the choose panel that he located clark’s idea to be “asinine” and dryly added up clark’s past as an environmental attorney.
“i notion jeff’s thought — clark’s inspiration became nuts,” herschmann told the committee. “i mean this man, at a sure point, ‘concentrate, the fine i can inform is the handiest issue you realize approximately environmental and elections demanding situations is they each begin with e. and based totally for your solutions tonight, i’m not even sure you already know that.’”
herschmann also informed the pick panel about a contentious cellphone call he had on jan. 7, 2021, with trump-allied attorney john eastman. in the name, eastman mentioned plans to maintain pursuing trump’s efforts to opposite the election — in spite of the violence of the previous day’s capitol rebellion.
“and that i stated to him, ‘are you out of your f-ing mind?’” herschmann told the panel. “i said, ‘i simplest want to pay attention words popping out of your mouth any longer: orderly transition.’”
eastman finally stated the ones phrases, in keeping with herschmann.
“i stated, ‘accurate, john. now i’m going to give you the first-rate loose legal recommendation you’re ever entering into your lifestyles: get a outstanding f-ing criminal protection lawyer. you’re going to want it,’” herschmann brought. “after which i hung up on him.”