Posts tagged with "Subpoena"

Special counsel Jack Smith slaps Rudy Giuliani with grand jury subpoena

January 11, 2023

Special counsel Jack Smith’s team has subpoenaed Donald Trump’s former attorney Rudy Giuliani—asking him to turn over records to a federal grand jury as part of an investigation into the former president’s fundraising following the 2020 election, reports CNN.

The subpoena, which was sent more than a month ago and has not been previously reported, requests documents from Giuliani about payments he received around the 2020 election, when Giuliani filed numerous lawsuits on Trump’s behalf contesting the election results, a person with knowledge of the situation told CNN.

Prosecutors also have subpoenaed other witnesses who are close to Trump, asking specifically for documents related to disbursements from the Save America PAC, Trump’s primary fundraising operation set up shortly after the 2020 election.

Taken together, the subpoenas demonstrate prosecutors’ growing interest in following the money after the 2020 election as part of their sweeping criminal probe around Trump’s efforts to overturn his loss of the presidency.

Save America was part of broader fundraising efforts by Trump and the Republican Party that raised more than $250 million after the election. Since then, the political action committee has compensated several lawyers who now represent Trump and his allies in January 6-related investigations.

The subpoenas to other witnesses in addition to Giuliani were sent in late December, according to other sources. The information that the prosecutors are seeking still is being collected, the sources said. With Giuliani, the investigators have prioritized getting financial information from him, one person said.

The inquiry to Giuliani came from David Rody, a former top prosecutor in New York who specializes in gang and conspiracy cases and is assisting Smith with examining a broader criminal conspiracy after the election, according to some of the sources.

In response to being informed of CNN’s reporting on Giuliani’s subpoena and asked for a statement, Ted Goodman, his adviser, said, “The mayor is unaware of the specific claims by this so-called ‘anonymous source,’ and therefore is not in position to respond.”

A spokesperson for the special counsel’s office declined to comment and a representative for Trump has not responded to a request for comment.

CNN previously reported that the Justice Department in September subpoenaed witnesses for financial details about the Save America PAC, and that a portion of Smith’s office would dig into possible financial and campaign contribution crimes. The Giuliani subpoena and other December subpoenas represent a new round of inquiry, now from Smith’s office, which took shape over the holidays.

After the election, Trump and the Republican National Committee raked in millions of dollars as they told supporters the election was being stolen, marketing the fundraising effort as election defense. At the time, some officials working on the fundraising effort knew that Joe Biden’s electoral win was legitimate, despite Trump’s insistence it was fraudulent, the House Select Committee found in its own investigation.

Giuliani is likely to be a central figure in any probe of Trump’s close political circles after the election. After serving as Trump’s private attorney during the Mueller investigation into Russian interference in the 2016 election, the former chief federal prosecutor and mayor of Manhattan dove into Trump’s attempts to claim electoral victory. He unsuccessfully argued a case before a federal judge in Pennsylvania—where Trump sought to throw out the popular vote—and connected with state lawmakers as he tried to convince them of election fraud.

In the weeks after the 2020 election, Giuliani also held freewheeling press conferences, repeating allegations that he never could prove.

In addition to the financial inquiry, Smith’s office is pursuing possible criminal cases around the Trump campaign’s use of fake electors in battleground states; and the pressure on Congress and then-Vice President Mike Pence to overturn the election’s result. In all of those schemes, Giuliani was a central player.

In his House select committee testimony, Giuliani explained that his team working with Trump pivoted to focus on state legislatures that could block the election result after his attempts failed in the courts. The New York state bar suspended him from practicing law because of his 2020 election efforts, and he’s also facing an attorney discipline proceeding in Washington, DC.

He declined to answer some questions the House asked about his work for Trump after the election, citing attorney confidentiality. Giuliani could try to make similar claims in the federal investigation, although the Justice Department has legal mechanisms with which it can try to overcome witness refusals to answer questions.

Research contact: @CNN

On Thursday, January 6 Committee to focus on Donald Trump’s actions during Capitol attack

July 19, 2022

The House select committee investigating the events of January. 6, 2021, will present a minute-by-minute look this Thursday at then-President  Donald Trump’s activities as the Capitol was attacked, reports The Wall Street Journal.

“He was doing nothing to actually stop the riot,” Representative Elaine Luria (D- Virginia) said Sunday on CNN.

“The [former] president didn’t do very much but gleefully watch television,” Representative Adam Kinzinger (R-Illinois) said on CBS.

A spokesperson for Trump didn’t immediately respond to a request for comment. Trump has said he has done nothing wrong and has called the select committee a partisan effort.

Kinzinger on Sunday also expressed frustration at what he called “very conflicting statements” about the availability of evidence the committee has sought from the U.S. Secret Service, which includes text messages from January 6 and the preceding day.

Congressman Kinzinger said that the Inspector General—who acts as a watchdog over the Secret Service—reported that many texts from those two days were erased after he had requested them for his own investigation.

The Secret Service in a statement on Thursday, July 14, said data were lost from some phones during a technology change that had been previously planned, but that it didn’t lose any texts the inspector general had sought for his January review.

The House committee issued a subpoena to the agency on Friday, July 15—requesting information about the text messages by Tuesday. “They said we’ll meet this deadline, and we’ll see what we get here,” Kinzinger said.

“In the very least, it is quite crazy that the Secret Service would actually end up deleting anything related to one of the more infamous days in American history, particularly when it comes to the role of the Secret Service,” Kinzinger said.

The House select committee has been piecing together Trump’s actions back at the White House during the afternoon of January. 6—even as his supporters broke into the Capitol in an attempt to stop the certification of the 2020 election.

The committee’s focus for the Thursday hearing will be on a 187-minute period that culminated in a 4:17 p.m. video by Trump in which he asked rioters, whom he called “very special,” to leave the Capitol.

Representative Luria on Sunday said the hearing will include witnesses whom the public hasn’t heard from yet, but she didn’t give details. A committee spokesperson declined to comment.

Thursday’s prime-time hearing is the eighth and final one in a series planned by the House select committee. However, committee members said the investigation would continue and that more hearings could follow.

“New witnesses are coming forward. Additional information is coming forward,” Reprentative  Zoe Lofgren (D-California), another committee member, said Sunday on ABC. “There are things that we are looking at still.”

Research contact: @WSJ

Mark Meadows knuckles under; agrees to cooperate with House January 6 Select Committee

December 1, 2021

Former White House Chief of Staff Mark Meadows has agreed to cooperate with the House Select Committee in charge of investigating the January 6 Capitol insurrection, the panel said on November 30, according to a report by Axios.

Committee Chairman Bennie G. Thompson confirmed the news with the following statement: “Mr. Meadows has been engaging with the Select Committee through his attorney. He has produced records to the committee and will soon appear for an initial deposition. The Select Committee expects all witnesses, including Mr. Meadows, to provide all information requested and that the Select Committee is lawfully entitled to receive. The committee will continue to assess his degree of compliance with our subpoena after the deposition.”

With the capitulation of Meadows, the committee has achieved a major win; and Meadows, himself, has possibly staved off prosecution. After rejecting a subpoena to appear for a deposition before the panel, it was believed that Meadows could face contempt charges.

Meadows, who failed to appear before the panel earlier this month, is believed to have insight into former President Donald Trump’s role in efforts to stop the certification of President Joe Biden’s election win.

According to Axios, Meadows became the second person to defy the committee’s subpoena, following former Trump adviser Steve Bannon, who was taken into custody on November 15 on charges of contempt of Congress.

Research contact: @axios

Trump Justice Department secretly subpoenaed records on top Democrats, their families, and staff

June 14, 2021

After a series of damaging leaksto the media about contacts between senior White House functionaries and Russian officials during the early moments of the Trump Administration, the Department of Justice took the extraordinary step of subpoenaing data from Apple on top Democrats, their families, and their staff, in an effort to identify the source of the leaked information, The New York Times was first to report on Thursday night, June 10.

Indeed, the Times reported, at least a dozen people associated with the House Intelligence Committee had their records seized, including then–ranking member of the committee Adam Schiff and committee member Eric Swalwell

According to a report by Slate on Friday, the surveillance reportedly encompassed the subjects’ metadata, whom they were communicating with—not the content of those communications. One of the individuals whose records was subpoenaed was a minor, presumably a family member of one of the targets, because the DOJ suspected officials might be using their children’s computer to leak to avoid detection.

The surveillance was not made known to the targets until last month, due to a gag order on Apple that recently expired.

Other administrations, including the Obama Administration, have aggressively hunted leakers—but, Slate notes, the latest revelations show how far and beyond the Trump administration was willing to go, essentially from the start of the Trump presidency.

The records seized were reportedly from 2017 and early 2018, as Attorney General Jeff Sessions bore the brunt of Trump’s rage about all things Russia. Leaked contacts between Michael Flynn and then–Russian Ambassador to the U.S. Sergey Kislyak led to Flynn’s ouster and ultimately federal charges.

The leaked information was explosive: It showed the continuation of curious contact between Trump World and Russia; it also revealed that the FBI had used a court-authorized secret wiretap on Kislyak that ensnared the future national security adviser.

“Ultimately, the data and other evidence did not tie the committee to the leaks, and investigators debated whether they had hit a dead end and some even discussed closing the inquiry,” the Times notes. “But William P. Barr revived languishing leak investigations after he became attorney general a year later. … Barr directed prosecutors to continue investigating, contending that the Justice Department’s National Security Division had allowed the cases to languish, according to three people briefed on the cases.” The moves smacked of political targeting to some in the Justice Department.

The secret targeting of sitting members of Congress by the opposite party—particularly, those leading an investigation related to the White House, is an extraordinary step that requires truly extraordinary evidence, Slate says. Adding that,so far reports indicate no evidence was found linking the targets to the actual leaks.

What was found was that the Trump Administration had an ulterior motive: snooping on its political enemies.

These disturbing revelations come on the heels of news that the Trump DOJ carried out similar, secret surveillance of journalists covering the White House for a host of major news organizations—raising serious questions about the appropriateness of the Trump administration’s use of its surveillance powers in what Slate characterized as “a broad and dangerous overreach.”

Research contact: @Slate

Whistleblower complaint remains in White House hands, despite demands by House Intel panel

September 19, 2019

Acting Director of National Intelligence Joseph Maguire—who took over the post just over a month ago, on August 15, when Dan Coats stepped down— has refused to comply with a deadline to hand over a whistleblower complaint to the House Permanent Select Committee on Intelligence, CNN reports.

The committee had announced its intent to issue a subpoena on September 13, noting that the complaint had been deemed by the Inspector General of the Intelligence Community, Michael Atkinson, to be “credible and urgent.”

At that time, Representative Adam Schiff (D-California), Chairman of the House Intelligence Committee put out a statement that read: “A month ago, a whistleblower within the intelligence community lawfully filed a complaint regarding a serious or flagrant problem, abuse, violation of law, or deficiency within the responsibility or authority of the Director of National Intelligence. The Inspector General of the Intelligence Community found that complaint not only credible, but urgent. More than ten days since the Director was obligated to transmit the complaint to the intelligence committees, the Committee has still not received the disclosure from the Director, in violation of the law.

“A Director of National Intelligence has never prevented a properly submitted whistleblower complaint that the IC IG determined to be credible and urgent from being provided to the congressional intelligence committees. Never. This raises serious concerns about whether White House, Department of Justice or other executive branch officials are trying to prevent a legitimate whistleblower complaint from reaching its intended recipient, the Congress, in order to cover up serious misconduct.

“After Watergate exposed significant intelligence abuses, a critical bargain was struck: In exchange for the Intelligence Community’s willingness to reveal closely guarded national security secrets, the congressional intelligence committees and leadership promised to handle that information responsibly.  It was also of vital importance that intelligence officials have a lawful and protected means of bringing misconduct to the attention of Congress and the public. By withholding a credible whistleblower complaint that potentially deals with executive branch wrongdoing, the DNI is in violation of the applicable statute and has made itself a party to the concealment of potentially serious misconduct.”

However, on the night of September 17, the Office of the Director of National Intelligence sent letters to committee Chairman Adam Schiff, a California Democrat, and Ranking Republican Devin Nunes of California, saying the complaint “does not meet the definition of ‘urgent concern’ because it does not relate to ‘intelligence activity,’ “ CNN reported.

The complaint “involves confidential and potentially privileged matters relating to the interests of other stakeholders within the Executive Branch,” a copy of the letter, obtained by CNN, says, adding that complying with the committee’s requests “will necessarily require appropriate consultations.”

In the letter, the Office of the Director of National Intelligence reveals that the complaint does not involve anyone in the intelligence community but rather “stakeholders within the Executive Branch.” As a result, its lawyer argues, the complaint is not of “urgent concern” to the committee.

The office says it plans to work with the House intelligence Committee but given that executive branch members are involved, there are “confidential and potentially privileged matters” that “will necessarily require appropriate consultations.”

What’s more, Maguire has indicated that he will not appear at a scheduled congressional hearing on Thursday; his office says he “is not available on such short notice.”

In response, Schiff said: “The IC IG determined that the complaint is both credible and urgent, which is why the Committee must move quickly. The Committee’s position is clear—the Acting DNI can either provide the complaint as required under the law, or he will be required to come before the Committee to tell the public why he is not following the clear letter of the law, including whether the White House or the Attorney General are directing him to do so. He has yet to provide the complaint in response to the Committee’s subpoena, so I expect him to appear on Thursday, under subpoena if necessary.”

According to CNN, Schiff also argued that Maguire had acted outside the authority of his post by consulting with the Department of Justice about the complaint as he involved “another entity within the Executive Branch in the handling of a whistleblower complaint.

Schiff declined to say whether he has been contacted by the whistleblower or their legal representation, saying he wouldn’t want to jeopardize them.

However, a source familiar with the situation told CNN on Tuesday that legal counsel for the unknown individual is discussing next steps.

However, the options appear to be limited.

A source familiar with the case told CNN that the Intelligence Community Whistleblowers Protection Act likely only offers one real path forward: circumventing the Office of the Director of National Intelligence and giving the complaint directly to the committee.

That route is not likely to be taken, CNN said: At the end of the day, the statute doesn’t clearly allow the whistleblower to go straight to Congress.

Research contact: @CNN

Brinksmanship: Unable to cut deal, Nadler soon may subpoena Mueller to testify before U.S. public

June 12, 2019

When and if former Special Counsel Robert Mueller testifies before Congress, his face will be familiar—but the story he tells won’t be, according to findings of a CNN poll fielded in May, which found that fully 75% of Americans have not read the Mueller report on Russian interference into the last presidential election and obstruction of justice by the Trump administration.

Most legislators have failed to read the 448-page document, either.

But that doesn’t include House Judiciary Committee Chairman Jerry Nadler (D-New York)—who  told Democratic leaders at a closed-door meeting this past week that he could issue a subpoena to within two weeks to Mueller, if he is unable to reach an agreement to secure the former special counsel’s public testimony, according to two sources familiar with the meeting, Politico reported.

Nadler’s comments clarified whether the chairman had considered compelling Mueller’s attendance at a public hearing. The committee is still negotiating with Mueller, who, according to Nadler, is thus far only willing to answer lawmakers’ questions in private—a nonstarter for most House Democrats.

The sources cautioned the news outlet that the committee has not settled yet on a timetable for a potential subpoena to Mueller. House Speaker Nancy Pelosi (D-California) hosted the meeting, and four other committee chairs were in attendance.

However, according to Politico’s sources, Nadler told reporters that he was “confident” Mueller will appear before his panel, and that he would issue a subpoena “if we have to.”

“We want him to testify openly. I think the American people need that,” Nadler added. “I think, frankly, it’s his duty to the American people. And we’ll make that happen.”

This week, the committee began to hear testimony related to the report, in an effort to educate the American public.

In addition, Nadler said that, with the threat of a civil contempt citation from the committee hanging over his head, Attorney General William Barr had agreed to release the underlying documents to the report, which had been requested by the House Judiciary Committee back in April.

However, on June 11, word came out that the White House would work with the Department of Justice to decide exactly how much (and what type of) material would be released—leaving the actual evidence that the committee would be permitted to see in question yet again.

Research contact: @politico

Trump claims executive privilege over full Mueller report; House Judiciary votes to hold Barr in contempt

May 9, 2019

At the instigation of the Justice Department on the evening of May 7, President Donald Trump claimed executive privilege over the full Mueller report.

The maneuver represented a last-ditch effort to shield hidden portions of Special Counsel Robert Mueller’s unredacted report on Russian interference in the 2016 election, as well as the supporting evidence he collected, from Congress and the American people.

“This is to advise you that the president has asserted executive privilege over the entirety of the subpoenaed materials,” a Justice Department official, Stephen Boyd, wrote Wednesday morning, referencing not only the Mueller report but the underlying evidence that House Democrats are seeking.

The assertion came as the House Judiciary Committee was set to vote on Wednesday, May 8, on whether the House of Representatives should hold Attorney General William Barr in contempt of Congress for defying a subpoena for the same materials, The New York Times reported.

In response, House Judiciary Committee Chairman Jerrold Nadler (D-New York) commented in a formal release, “Tonight, in the middle of good faith negotiations with the attorney general, the [DoJ] abruptly announced that it would instead ask President Trump to invoke executive privilege on all of the materials subject to our subpoena.

“This is, of course, not how executive privilege works,” Nadler noted. “The White House waived these privileges long ago, and the department seemed open to sharing these materials with us earlier today. The department’s legal arguments are without credibility, merit, or legal or factual basis.”

He said that the move could have alarming and risky repercussions, remarking, “Worse, this kind of obstruction is dangerous. The department’s decision reflects President Trump’s blanket defiance of Congress’s constitutionally mandated duties.

“In the coming days,” Nadler continued, “I expect that Congress will have no choice but to confront the behavior of this lawless administration.  The committee will also take a hard look at the officials who are enabling this cover-up.  In the meantime, the committee will proceed with consideration of the contempt citation as planned.  I hope that the Department will think better of this last minute outburst and return to negotiations.”

White House Press Secretary Sarah Huckabee Sanders released a blistering statement: “The American people see through Chairman Nadler’s desperate ploy to distract from the President’s historically successful agenda and our booming economy. Neither the White House nor Attorney General Barr will comply with Chairman Nadler’s unlawful and reckless demands,” she wrote, according to The Times.

She added: “Faced with Chairman Nadler’s blatant abuse of power, and at the Attorney General’s request, the President has no other option than to make a protective assertion of executive privilege.”

Shortly after 1 p.m. on May 8, after negotiations had once again tanked, Nadler said before the committee vote, “This is information we are legally entitled to receive and we are Constitutionally obligated to review .… The Trump administration has taken obstruction of Congress to new heights.”

The committee voted along partisan lines to hold Barr in contempt of Congress  (24 Democrats versus 16 Republicans). The contempt citation now will go before the full House chamber for a vote, where Democrats hold a 38-seat majority. The timing of that vote will be up to House Speaker Nancy Pelosi (D-California),

Research contact: @HouseJudiciary

House Judiciary Committee says it has ‘no choice;” but to start contempt proceedings against Barr

May 7, 2019

On May 6, the House Judiciary Committee announced that, on Wednesday, May 8, the panel would create a markup of a contempt report, in response to Attorney General William Barr’s failure to comply with a duly issued subpoena to provide Congress with the full, unredacted version of Special Counsel Robert Mueller’s investigative report along with underlying evidence.

During the markup procedure, members will debate and vote on a resolution; as well as on a supporting report. Should the committee vote to accept the report and hold the attorney general in contempt, the resolution and report will move to the floor for a full vote in the House to authorize legal proceedings.

“The contempt report provides an explanation of the committee’s urgent need for the Special Counsel’s report and underlying evidence, and the history of the committee’s efforts to negotiate with the Attorney General, among other details,” the committee’s formal statement said..

“Even in redacted form, the Special Counsel’s report offers disturbing evidence and analysis that President Trump engaged in obstruction of justice at the highest levels. Congress must see the full report and underlying evidence to determine how to best move forward with oversight, legislation, and other constitutional responsibilities,” commented House Judiciary Committee Chairman Jerrold Nadler  (D-New York).

He added, “The Attorney General’s failure to comply with our subpoena, after extensive accommodation efforts, leaves us no choice but to initiate contempt proceedings in order to enforce the subpoena and access the full, unredacted report. If the Department presents us with a good faith offer for access to the full report and the underlying evidence, I reserve the right to postpone these proceedings.”

The proceedings come after Nadler, in his most recent attempt, sent a letter on May 3 to Attorney General William Barr with a counter-offer to immediately gain access to the redacted portions of Special Counsel Mueller’s report and underlying materials. Nadler requested that the Department reconsider its refusal to allow all members of Congress and appropriate staff to view redacted portions of the report in a secure location, not including the grand jury material. Nadler asked that the department work jointly with Congress to seek a court order to provide grand jury material. For the production of underlying documents, Nadler offered to prioritize those materials specifically cited in the report.

A copy of the contempt resolution and report is available here.

Research contact: @HouseJudiciary

Subpoenaed for his financial records, Trump sues; intends to be a ‘no show’

April 23, 2019

“I won’t show you mine, no matter how many other politicians show you theirs.” That’s the attitude of President Donald Trump–who started the week by suing House Oversight Committee Chairman Elijah Cummings (D-Marylandd) in a last-ditch bid to block a congressional subpoena of his financial records, The Washington Post reported..

The lawsuit—which was brought on behalf of Trump and his company, The Trump Organization —seeks a court order to prevent Trump’s accounting firm Mazars USA from complying with what his lawyers, William Consovoy and Stefan Passantino, claim is an improper use of subpoena by congressional Democrats because it has “no legitimate legislative purpose.”

“Democrats are using their new control of congressional committees to investigate every aspect of President Trump’s personal finances, businesses, and even his family,” the filing by Trump claims. “Instead of working with the President to pass bipartisan legislation that would actually benefit Americans, House Democrats are singularly obsessed with finding something they can use to damage the President politically.”

The filing, in U.S. District Court for the District of Columbia, further escalates a clash between the White House and the Democratic-controlled House over congressional oversight.

Mazars said last week that it “will respect the legal process and fully comply with its legal obligations.”

Lawyers for the president and the Trump Organization previously wrote in a letter to Mazars’ counsel that an expected committee subpoena “would not be valid or enforceable.”

In the complaint filed Monday, Trump’s lawyers argue that the subpoena of Mazars “lacks a legitimate legislative purpose,” The Washington Post reported.

“With this subpoena, the Oversight Committee is instead assuming the powers of the Department of Justice, investigating (dubious and partisan) allegations of illegal conduct by private individuals outside of government,” it says. “Its goal is to expose Plaintiffs’ private financial information for the sake of exposure, with the hope that it will turn up something that Democrats can use as a political tool against the President now and in the 2020 election.”

Research contact: @washingtonpost

House Democrats say they will subpoena the full, unredacted Mueller report

April 2, 2019

House Democrats say they intend to vote this week to subpoena Special Counsel Robert Mueller’s complete, 300-page report, as well as underlying evidence, and other materials—rejecting as insufficient Attorney General William Barr’s promise to provide a redacted version of the report “by mid-April,”  Mother Jones reported on April 1.

According to a story by posted in late March by Business Insider, Barr is taking the peculiar and unheard-of step of giving precedence to the sitting president to review and redact a document summarizing an investigation into his own administration’s culpability in Russian interference into the U.S. elections and obstruction of justice.

The president is expected to invoke executive privilege on parts of the report. Barr also has said that the report will be scrubbed to exclude grand jury testimony; information that could compromise intelligence “sources and methods”; material that could affect ongoing Justice Department investigations; and information that might “infringe on the personal privacy” or reputation of “peripheral third parties,” Mother Jones noted.

House Judiciary Chairman Jerrold Nadler (D-New York.) announced on Monday that the panel will meet Wednesday morning to consider a resolution that would authorize the subpoenas. Democrats say they need to review the entire report as part of their own investigation into Trump’s Russian ties and alleged obstruction of justice.

Nadler and other Democrats set an April 2 deadline for Barr to turn over the whole report—without redactions—and to start handing over underlying evidence. It is extremely doubtful that they would meet that target date,

According to Mother Jones, Nadler, who has not said when he may issue subpoenas the committee okays on Wednesday, also said he will also seek authorization to subpoena documents from a number of ex-White House aides: former senior adviser Steven Bannon; former White House Communications Director Hope Hicks; former Chief of Staff Reince Priebus; former White House Counsel Don McGahn; and Ann Donaldson, McGahn’s former deputy. Nadler said those people “may have received documents from the White House relevant to the Special Counsel investigation, or their outside counsel may have, waiving applicable privileges under the law.” 

Research contact: dfriedman@motherjones.com