he’s the ultra-modern onetime top 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 assault has subpoenaed trump white residence legal professional eric herschmann for documents and testimony, in line with a person familiar with the problem.
herschmann represented donald trump in the former president’s first impeachment trial and later joined the white house as a senior adviser. he did now not paintings inside the white house counsel’s office, however did provide trump with felony advice. because of that obligation, there’ll probably be litigation over the scope of the subpoena and over how government and legal professional-patron privileges may additionally restrict herschmann’s ability to conform.
herschmann isn’t always the primary former trump white house lawyer to acquire a doj subpoena. pat cipollone, who served as white residence recommend, and patrick philbin, who served as deputy counsel, have also been subpoenaed.
in the course of the tumultuous final weeks of trump’s time period, herschmann clashed with other aides and advisers who pushed the defeated president to fight the election outcomes. he was also gift for among the most consequential conferences in that time frame. amongst them turned into a excessive-stakes meeting where maximum of the trump justice branch’s top brass threatened to resign instead of paintings under a colleague who wanted to enhance spurious claims of massive voter fraud.
herschmann additionally sparred with sidney powell and michael flynn when they advised trump to have the army capture balloting machines. the jan. 6 pick committee has aired severa portions of his testimony to their panel, which is blunt and once in a while darkly amusing.
a spokesperson for herschmann declined to remark. the justice department declined to comment.
in his testimony to the pick committee, herschmann described lambasting jeffrey clark, then a pinnacle justice branch legal professional, for the duration of a white residence assembly on jan. 3, 2021. at that time, herschmann advised the committee, clark became urging trump to get rid of then-performing lawyer fashionable jeff rosen and deliver him the activity.
clark had endorsed his doj colleagues to ship letters to nation legislators announcing the department had determined regarding proof of voter fraud inside the 2020 election. former lawyer general bill barr, but, had said the department discovered no proof of fraud that could have swung the election. underneath the ones situations, clark’s plans so involved his colleagues that many of them warned trump in that jan. three meeting that they would end if he gave clark the pinnacle job.
herschmann later recalled to the pick out panel that he discovered clark’s concept to be “asinine” and dryly brought up clark’s past as an environmental legal professional.
“i notion jeff’s inspiration — clark’s proposal was nuts,” herschmann instructed the committee. “i imply this man, at a positive factor, ‘listen, the exceptional i’m able to tell is the best element you already know approximately environmental and elections demanding situations is they each start with e. and based totally on your answers tonight, i’m now not even positive you already know that.’”
herschmann additionally told the select panel approximately a contentious telephone name 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 day prior to this’s capitol revolt.
“and that i said to him, ‘are you from your f-ing thoughts?’” herschmann informed the panel. “i stated, ‘i best want to hear words coming out of your mouth any more: orderly transition.’”
eastman subsequently stated those phrases, consistent with herschmann.
“i said, ‘suitable, john. now i’m going to offer you the quality loose criminal recommendation you’re ever stepping into your lifestyles: get a super f-ing crook protection legal professional. you’re going to want it,’” herschmann added. “after which i hung up on him.”