One White House attorney in the Donald Trump administration, Eric Herschmann, just received a subpoena to appear before a federal grand jury regarding the January 6 attack. The subpoena called for his documents and testimony, according to Yahoo.com.
We remember Herschmann from Trump’s first impeachment trial. After that, he became a senior advisor in the administration. He was not in the White House counsel’s office. However, he did give the former president legal advice. That meant some of his testimony and records could evoke attorney-client privileges. And the attorney will likely fight the subpoena in court on those grounds.
At the end of the last administration, Herschmann was one of the very few who stood against a band of rogue Trump attorneys who urged the ex-president to fight his defeat by manipulating the election results.
Herschmann testified before the Select Committee describing his phone call to another member of the Trump legal gang, John Eastman. On January 7, 2021, he said Eastman was talking about reversing the election “despite the violence of the previous day’s Capitol riot:”
“And I saidto him, “Are you out of your F-ing mind?” I said, “I only want to hear two words coming out of your mouth from now on: orderly transition.”‘
Eventually Eastman agreed. Then Herschmann said:
‘I said, “Good, John. Now I’m going to give you the best free legal advice you’re ever getting in your life: Get a great F-ing criminal defense lawyer. You’re going to need it.” And then I hung up on him.’
Hershmann was also at the White House on January 3, 2021, when the top level of the Department of Justice threatened to quit should Trump install Jeffrey Clark as attorney general. Clark was an unqualified environmental attorney in the Justice Department. At that time, Clark was urging Trump to remove then-Acting Attorney General Jeff Rosen and give him the job.
This near-AG told Trump he would say there was “widespread voter fraud.” He added that he would order members of the DOJ to send letters indicating that.
But before he quit, Attorney General Bill Barr had said that there was “no evidence of fraud that could have swung the election.”
Herschmann was disdainful of Clark’s “asinine” idea and said, according to The POLITICO:
‘I thought Jeff’s proposal — Clark’s proposal was nuts. I mean this guy, at a certain point, “Listen, the best I can tell is the only thing you know about environmental and elections challenges is they both start with E. And based on your answers tonight, I’m not even certain you know that.”‘
Then, Herschmann had to go up against Michael Flynn and attorney Sidney Powell when they wanted to send the U.S. military out to gather up all of the voting machines. Of course, that would have broken the chain of control over the 2020 elections.
Earlier, two other White House attorneys in the Trump administration received a subpoena from the Department of Justice. Pat Cipollone was White House counsel and appeared in the televised House January 6 Select Committee hearings.
Patrick Philbin also received a subpoena from the DOJ. He served in the Trump White House as deputy counsel.
Thus far neither Herschmann’s spokesperson nor the Department of Justice has responded to requests for comments.
Featured image is a screenshot via YouTube.
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