{"id":128844,"date":"2022-08-15T23:30:37","date_gmt":"2022-08-15T23:30:37","guid":{"rendered":"https:\/\/fin2me.com\/?p=128844"},"modified":"2022-08-15T23:30:37","modified_gmt":"2022-08-15T23:30:37","slug":"eric-herschmann-lawyer-in-trump-white-house-is-subpoenaed","status":"publish","type":"post","link":"https:\/\/fin2me.com\/politics\/eric-herschmann-lawyer-in-trump-white-house-is-subpoenaed\/","title":{"rendered":"Eric Herschmann, Lawyer in Trump White House, Is Subpoenaed"},"content":{"rendered":"

Mr. Herschmann had access to high-level discussions about the plans to overturn the 2020 election and activities in the lead-up to Jan. 6.<\/p>\n

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By <\/span>Luke Broadwater<\/span> and Maggie Haberman<\/span><\/p>\n

Eric Herschmann, a lawyer who worked in the White House under former President Donald J. Trump, has received a subpoena from a grand jury looking into activities related to the Jan. 6 attack on the Capitol, the latest indication the Justice Department\u2019s investigation is intensifying, according to two people familiar with the matter.<\/p>\n

The subpoena seeks documents and testimony from Mr. Herschmann, who had access to high-level discussions about the plans to overturn the 2020 election, including efforts to interfere with the Justice Department and seize voting machines. It was unclear which of two federal grand juries had subpoenaed him: One is focused on the Jan. 6 attack itself, and the other has been investigating a scheme connected to the Trump campaign to try to overturn the election results using false slates of electors.<\/p>\n

Mr. Herschmann is at least the fifth top White House official who has received a subpoena to testify in the federal investigation. Others include Pat A. Cipollone, the White House counsel; his deputy Patrick F. Philbin; and Greg Jacob, the top lawyer for Vice President Mike Pence. Mr. Pence\u2019s chief of staff, Marc Short, also has testified in front of a grand jury.<\/p>\n

The subpoena sent to Mr. Herschmann is yet another sign of the inquiry reaching into the inner circle around Mr. Trump, who is facing criminal, civil and congressional investigations on several fronts. They include investigations into the mishandling of highly sensitive documents, overvaluing properties and his efforts to cling to power after his election loss.<\/p>\n

The Department of Justice declined to comment.<\/p>\n

Mr. Herschmann has risen in visibility in recent weeks as the House committee investigating the attack has prominently used clips of his closed-door testimony before the panel. Sitting in an office with a black baseball bat with the word \u201cjustice\u201d in capital letters on the wall behind him, Mr. Herschmann relayed expletive-laced anecdotes and rebukes of the lawyers Mr. Trump had been using to try to overturn the election.<\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

Making a case against Trump. <\/strong>The House committee investigating the Jan. 6 attack is laying out a comprehensive narrative\u00a0of President Donald J. Trump\u2019s efforts to overturn the 2020 election. Here are the main themes that have emerged so far from eight public hearings:<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

An unsettling narrative. <\/strong>During the first hearing, the committee described in vivid detail what it characterized as an attempted coup orchestrated by the former president\u00a0that culminated in the assault on the Capitol. At the heart of the gripping story\u00a0were three main players: Mr. Trump, the Proud Boys and a Capitol Police officer.<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

Creating election lies. <\/strong>In its second hearing,\u00a0<\/strong>the panel showed how Mr. Trump ignored aides and advisers\u00a0as he declared victory prematurely and relentlessly pressed claims of fraud he was told were wrong. \u201cHe\u2019s become detached from reality if he really believes this stuff,\u201d William P. Barr, the former attorney general, said of Mr. Trump during a videotaped interview.<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

Pressuring Pence. <\/strong>Mr. Trump continued pressuring Vice President Mike Pence\u00a0to go along with a plan to overturn his loss even after he was told it was illegal, according to testimony laid out by the panel during the third hearing. The committee showed how Mr. Trump\u2019s actions led his supporters to storm the Capitol, sending Mr. Pence fleeing for his life.<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

Fake elector plan. <\/strong>The committee used its fourth hearing to detail how Mr. Trump was personally involved in a scheme to put forward fake electors. The panel also presented fresh details on how the former president leaned on state officials to invalidate his defeat, opening them up to violent threats when they refused.<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

Strong arming the Justice Dept. <\/strong>During the fifth hearing, the panel explored Mr. Trump\u2019s wide-ranging and relentless scheme to misuse the Justice Department\u00a0to keep himself in power. The panel also presented evidence that at least half a dozen Republican members of Congress sought pre-emptive\u00a0pardons.<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

The surprise hearing. <\/strong>Cassidy Hutchinson, \u200b\u200ba former White House aide, delivered\u00a0explosive testimony\u00a0during the panel\u2019s sixth session, saying that the president knew the crowd on Jan. 6 was armed, but wanted to loosen security. She also painted Mark Meadows, the White House chief of staff, as disengaged and unwilling to act\u00a0as rioters approached the Capitol.<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

Planning a march. <\/strong>Mr. Trump planned to lead a march to the Capitol on Jan. 6 but wanted it to look spontaneous, the committee revealed during its seventh hearing. Representative Liz Cheney also said that Mr. Trump had reached out to a witness in the panel\u2019s investigation, and that the committee had informed the Justice Department of the approach.<\/span><\/p>\n

Key Revelations From the Jan. 6 Hearings<\/h2>\n\n

A \u201ccomplete dereliction\u201d of\u00a0duty. <\/strong>In the final public hearing of the summer, the panel accused the former president of dereliction of duty for failing to act to stop the Capitol assault. The committee documented how, over 187 minutes, Mr. Trump had ignored pleas to call off the mob\u00a0and then refused to say the election was over\u00a0even a day after the attack.<\/span><\/p>\n

Mr. Herschmann was known for fighting back against the most extreme plans to try to overturn the election, including at an unhinged Dec. 18, 2020, Oval Office meeting in which three outside advisers sought to have the president direct the secretary of defense to seize voting machines to look for fraud and also to appoint a special counsel to potentially charge people with crimes.<\/p>\n

\u201cIt got to the point where the screaming was completely, completely out there,\u201d Mr. Herschmann told the committee in videotaped testimony. \u201cI mean, you got people walking in \u2014 it was late at night, it had been a long day. And what they were proposing, I thought was nuts.\u201d<\/p>\n

Mr. Herschmann described a particularly intense moment with one of the outside advisers, Michael T. Flynn, the national security adviser Mr. Trump had fired in his first weeks in office. \u201cFlynn screamed at me that I was a quitter and everything, kept on standing up and standing around and screaming at me,\u201d Mr. Herschmann said \u201cAt a certain point, I had it with him, so I yelled back, \u2018Either come over or sit your f-ing ass back down.\u2019\u201d<\/p>\n

He said he also confronted Jeffrey Clark, a Justice Department employee who plotted to oust the acting attorney general and install himself atop the agency in an attempt to keep Mr. Trump in power.<\/p>\n

\u201cCongratulations,\u201d Mr. Herschmann recalled telling Mr. Clark. \u201cYou\u2019ve just admitted your first step or act you\u2019d take as attorney general would be committing a felony.\u201d<\/p>\n

A day after Jan. 6, Mr. Herschmann said he received an unexpected call from the conservative lawyer John Eastman, who had been working to keep Mr. Trump in office. To Mr. Herschmann\u2019s surprise \u2014 even after the deadly riot \u2014 Mr. Eastman was still pushing to fight the election results.<\/p>\n

Mr. Herschmann cut him off.<\/p>\n

\u201cI\u2019m going to give you the best free legal advice you\u2019re ever getting in your life,\u201d he recalled telling Mr. Eastman before recommending he find a criminal defense lawyer, adding, \u201cYou\u2019re going to need it.\u201d<\/p>\n

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Mr. Herschmann had access to high-level discussions about the plans to overturn the 2020 election and activities in the lead-up to Jan. 6. 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