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    House Capitol attack panel issues subpoena to Trump official Jeffrey Clark

    US Capitol attackHouse Capitol attack panel issues subpoena to Trump official Jeffrey ClarkIn targeting Clark, House investigators followed up on a Senate report that detailed his efforts to abuse the DoJ to support Trump Hugo Lowell in WashingtonWed 13 Oct 2021 17.22 EDTLast modified on Wed 13 Oct 2021 17.52 EDTThe House select committee investigating the Capitol attack on Wednesday issued a subpoena to top Trump justice department official Jeffrey Clark, escalating its inquiry into the former president’s efforts to reinstall himself in office and the 6 January insurrection.The new subpoena underscores the select committee’s far-reaching mandate in scrutinizing the origins of the Capitol attack, as it pursues an investigation into Donald Trump’s role in pressuring the justice department (DoJ) to do his bidding in the final weeks of his presidency.Capitol attack panel prepared to pursue charges against those who defy subpoenas, Schiff says – liveRead moreIn targeting Clark, House select committee investigators followed up on a Senate judiciary committee report that last week detailed his efforts to abuse the justice department to support Trump’s attempts to overturn the 2020 election.The House select committee chairman, Bennie Thompson, said in a statement that he authorized a subpoena for testimony from Clark to understand how the Trump White House sought to stop the certification of Joe Biden’s election victory during the joint session of Congress.“We need to understand Mr Clark’s role in these efforts at the justice department and learn who was involved across the administration. The select committee expects Mr Clark to cooperate fully with our investigation,” Thompson said.The new subpoena targeting Clark came a day before the select committee was scheduled to conduct depositions against top Trump administration officials over their potential role in the 6 January insurrection and what they knew in advance of the Capitol attack.But it was not clear hours before the deadlines whether the Trump officials – former White House chief of staff Mark Meadows, deputy chief of staff Dan Scavino, strategist Steve Bannon and defense department aide Kash Patel – would testify on Thursday and Friday.The Guardian first reported that the Trump aides were expected to largely defy the subpoenas for documents and testimony under instructions from the former president and his legal team led by the ex-Trump campaign lawyer Justin Clark.Trump instructed his former aides to defy the subpoenas issued under the threat of criminal prosecution on grounds of executive privilege, in an attempt to slow-walk the select committee’s investigation, according to a source familiar with the strategy.The select committee had said in a recent statement that Meadows and Patel were “engaging” with House investigators ahead of the deposition dates, but declined to comment on the extent of their cooperation. Bannon has vowed to defy his subpoena in its entirety.The House select committee investigators’ demand for testimony from Clark amounts to a significant development for the second investigative track pursued by the panel – in addition to their investigation into the organization of the Capitol attack.The select committee had sought to negotiate with Clark for voluntary testimony but a breakdown in discussions led Thompson to move ahead with a subpoena compelling a deposition under oath, according to a source familiar with the matter.The Senate report, among other things, described how justice department officials and Trump’s White House counsel scrambled to stave off pressure during a period when Trump was being told about ways to block Biden’s certification by a lawyer he saw on television.Senator Dick Durbin, the chairman of the Senate judiciary committee, said the report’s findings led him to believe that Trump – who is expected to run for the presidency in 2024 – would have “shredded the constitution to stay in power”.The report reaffirms previous accounts of Trump’s attempts to return himself to the Oval Office. But in drawing on testimony from the former attorney general Jeffre Rosen and his deputy, Richard Donoghue, it brought new light to Clark’s role in the conspiracy.Clark in particular played a leading role in seeking to overturn the results of the 2020 election, having participated in multiple conversations with Trump about how to upend the election and pushed his superiors to entertain debunked claims of fraud, the report said.The Senate judiciary committee report detailed a 2 January confrontation during which Clark demanded that Rosen send Georgia election officials a letter that falsely claimed the DoJ had identified fraud – and threatened to push Trump to fire him if he refused.In a subsequent 3 January meeting in the Oval Office, Trump appeared to entertain the threat against his acting attorney general: “One thing we know is you, Rosen, aren’t going to do anything to overturn the election,” Rosen recounted Trump saying.TopicsUS Capitol attackUS politicsHouse of RepresentativesnewsReuse this content More

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    The Senate’s findings on the last days of Trump’s presidency are grim. Will it matter?

    OpinionTrump administrationThe Senate’s findings on the last days of Trump’s presidency are grim. Will it matter?Lloyd GreenDon’t expect the report to change minds: for Republicans, fealty to Trump is the acid test Tue 12 Oct 2021 06.00 EDTLast modified on Tue 12 Oct 2021 08.51 EDTLast week, the Senate’s judiciary committee released its staff report on Donald Trump’s efforts to overturn the results of the 2020 election and bend the justice department to his will. Subverting Justice: How the Former President and his Allies Pressured DOJ to Overturn the 2020 Election lays out in grim detail the ex-reality show host’s concerted effort to weaponize the government’s legal machinery in his desperate bid to cling to power.One conclusion reads: “President Trump repeatedly asked DOJ leadership to endorse his false claims that the election was stolen and to assist his efforts to overturn the election results.” Another informs us that “Trump allies with links to the ‘Stop the Steal’ movement and the January 6 insurrection participated in the pressure campaign against DOJ.”As if we didn’t already know. Don’t expect the report to change hearts or minds.On a Saturday night visit to Iowa, Trump told the crowd that he had not conceded defeat. Indeed, one day later, Steve Scalise, the No 2 Republican in the House of Representatives, refused to say that the election wasn’t stolen. Trump has the Republicans in a hammerlock. The impact of the Senate report is likely to be negligible.Since Trump’s backers pillaged Congress back in January, the Republican party has selectively forgiven and forgotten. By the numbers, 57% of Republicans now believe “too much attention” has been paid to the 6 January riot. Only roughly a third of Republicans concede that storming the Capitol was about overturning the election. Too many Republicans still blame it on antifa.The new normal is neither particularly normal nor new. As America’s cold civil war continues, hyper-partisanship is the rule, not the exception. And among Republicans, fealty to Trump is the acid test.Look at Mike Pence, Trump’s hapless vice-president and an aspiring 2024 presidential nominee. Even after having been kicked to the curb by his former boss and targeted for hanging by Capitol rioters, Pence continues to play political lapdog.He is all too aware that Trump remains the Republican party’s boss and that his future rests in Trump’s hands. “I know the media wants to distract from the Biden administration’s failed agenda by focusing on one day in January,” Pence told Fox News.“One day in January” – really?Apparently, signs that screamed “Hang Mike Pence” were an illusion, as were the gallows near the Capitol. Then again, Pence’s brother Greg, a congressman from Indiana, voted against certifying the election despite his having seen first-hand what his sibling had endured.Although the report will not change the political landscape, it is likely to have real consequences for Jeffrey Clark, a former assistant attorney general and the most senior justice department official to plot with Trump. The report recommends that the DC bar’s disciplinary counsel “evaluate Clark’s conduct to determine whether disciplinary action is warranted”.Republicans overplayed their hand in California – and Democrats are laughing | Lloyd GreenRead moreIn plain English, the Senate’s Democrats are inviting the DC bar to strip Clark of his law license. Working for Trump frequently comes with a downside.Tellingly, the committee’s Republicans do not offer a particularly full-throated defense of Clark. Instead, Senator Charles Grassley, the committee’s ranking Republican, intimated that Clark had failed to receive sufficient due process. “Committee Democrats opted to release their report having not yet received requested government documents and having not yet heard from Jeffrey Clark,” Grassley said.Substantively, the Republican party appears ready to sacrifice Clark to spare Trump. The president “listened to all data points”, they wrote in a competing report, and the path advocated by Clark “would be rejected”. In all fairness, he wouldn’t be the first person to thrown in a front of the proverbial bus for the sake of a sitting president.Not surprisingly, where there’s a raging dumpster fire, Rudy Giuliani is close by.According to the committee, Mark Meadows, Trump’s chief of staff, asked the justice department to investigate a theory pushed by Giuliani known as “Italygate”, which “held that the Central Intelligence Agency and an Italian IT contractor used military satellites to manipulate voting machines and change Trump votes to Biden votes”.Let that sink in.As the Senate report recedes from the voters’ consciousness, expect the House’s investigation to emerge as a focal point for all things Trump, with the ex-president seeking to block the cooperation and testimony of his former aides, including Meadows, all in the run-up to the midterms.Beyond that, Trump is also invoking “executive privilege” to keep Steve Bannon, his 2016 campaign chairman, from testifying. To be sure, Bannon was not a member of the administration when 2021 rolled around. He had left the White House in the summer of 2017.Instead, Bannon was goading Trump, telling him, according to Peril, the latest Bob Woodward book, co-authored with Bob Costa: “People are going to go, What the fuck is going on here? We’re going to bury Biden on January 6th, fucking bury him … We’re going to kill it in the crib, kill the Biden presidency in the crib.”For the record, Bannon had previously suggested that Anthony Fauci’s head be severed from its body. Whether Bannon is found to be in criminal contempt for refusing to testify before Liz Cheney and others is a live question.The bottom line remains that Trump was never going quietly into the political night. Short of his own re-election, he viewed the process as “rigged” and “corrupt”.How the House and the courts handle all this remains to be seen. Right now, the broader public is far from riveted, and the Republicans are either on board with Trump or simply cowed.TopicsTrump administrationOpinionRepublicansUS politicsDonald TrumpUS Capitol attackUS SenatecommentReuse this content More

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    Tom Morello: ‘We came within a baby’s breath of a fascist coup in the US’

    Rage Against the MachineInterviewTom Morello: ‘We came within a baby’s breath of a fascist coup in the US’Alexis Petridis Lockdown and ‘looking after the grandmas’ may have kept the Rage Against the Machine guitarist away from recent protests – but he refuses to be silencedSat 9 Oct 2021 09.00 EDTTom Morello has made more than 20 albums, as a founding member of Rage Against the Machine – the political rap-rock band who have sold 16m records, and whose 1992 track Killing in the Name has become a perennial protest anthem – and of the bands Audioslave and Prophets of Rage. He also plays solo under the name the Nightwatchman, and has toured with Bruce Springsteen’s E Street Band. His unique approach to the guitar, which he has self-deprecatingly described as “making R2-D2 noises”, has led to him regularly being voted as one of the greatest guitar players of all time. His latest album, The Atlas Underground Fire (released on 15 October), features a series of collaborations recorded in lockdown – with Springsteen, Eddie Vedder, Damian Marley and Bring Me the Horizon, among others. He is a celebrated “nonsectarian socialist” political activist, famed for performing at demonstrations – he played at Occupy events across the US and Europe – and a co-founder of the nonprofit “social justice” organisation Axis of Justice.You recorded your new album in lockdown. Did the pandemic also mean you missed out on the ongoing protests in the US?Not only was there a global plague to contend with, there was the US political situation and the white supremacy comeuppance, all happening at a time when I was locked down with my 97-year-old mom, my 90-year-old mother-in-law, and two kids going crazy trying to learn remotely. I was unable to be on the literal frontlines for the first time in my adult life, because I’m trying to keep the grandmas alive, you know. So in the middle of the George Floyd protests I recorded a song called Stand Up, with Imagine Dragons, the great trans soul singer Shea Diamond and Bloody Beetroots as well. I was trying, from the bunker, to contribute in any way I could. But you’re absolutely right: that’s my bread and butter. I’m at the front of that march for 30 years, and now, you know, there’s a plumbing problem, or one of my kids broke a window with a basketball, so that’s my dayEven though you weren’t physically present, Rage Against the Machine’s Killing in the Name was chanted at the Black Lives Matter protest in Portland, but it was also chanted by pro-Trump supporters in Philadelphia. How did that feel?First of all, there’s no accounting for stupidity. There’s a long list of radical left anthems that are misunderstood by bozos who sing them at events like that, from Woody Guthrie’s This Land Is Your Land to Bruce Springsteen’s Born in the USA to John Lennon’s Imagine – those people have really no idea what the hell they’re singing about. The one thing that I speak to in all of those instances is that there’s a power to the music that casts a wide net, and that’s a good thing, not a bad thing. In that net, there will be the far-right bozos, but there will also be people that have never considered the ideas put forward in those songs and are forced to consider those ideas because the rock’n’roll is great. You can either put a beat to a Noam Chomsky lecture – no one wants that, but there’s going to be no mistaking what the content is – or you can make music that’s compelling.So you don’t try to serve people with a cease-and-desist order when they misuse your music?When they were using Rage songs for torture in Guantánamo, we sued the state department, but no. My take is: “Go enjoy the rock’n’roll. You look like fools, but go enjoy the rock’n’roll.”How did you feel about the events of 6 January?We came within a baby’s breath of a fascist coup in this country. Interestingly, one of my dreams has always been to storm the Capitol, but not with a bunch of all-white, rightwing terrorists, you know? The ugliest part about it is how they have co-opted the idea of standing against the Man, at least in the US. There can be no nuanced thinking, like: “Yes, big pharma is horrible, but getting a vaccine to save your grandma is good.” It’s a dumbed-down version of resistance. But I grew up in Trump country [in suburban Illinois], I know people from there. They’re decent people. It’s not their fault for being fucked over by the oligarchy for decades. Now what do we do to find a way to really resist the stuff that is destroying the planet, that’s causing working people’s lives to be worse than their parents’ were? Poverty and hunger kill more people than anything else on the planet and they are human-made problems. Those are the things that we need to be digging into, rather than being sidetracked by this carnival barker bullshit.The opening track of your new album is called Harlem Hellfighters. You were born in Harlem – isn’t there a story that one of your ancestors helped found the New York mafia?The Harlem Hellfighters were an African-American military unit in both world wars. They were known for their bravery and then coming home and getting done over by racist Americans – their story is very compelling. But there was a Giuseppe Morello who was known as the Clutch Hand, who came from Sicily. He was one of the founders of one of the “five families”, and apparently not a pleasant chap. There may be some cousin-like links between me and him. He was short, had one hand that was really messed up and he got the job done by murdering people.He eventually met the end that a lot of people met in that line of work.The new album also features Eddie Vedder and Bruce Springsteen singing AC/DC’s Highway to Hell. How did that come about?We have history with that song, from when I toured with Bruce and the E Street Band. We were in Perth, [near] the home of [late AC/DC frontman] Bon Scott. One night, I went to pay my respects to his grave. I came back to the hotel and saw Bruce in the bar. Over the next couple of days, we started rehearsing Highway to Hell at soundchecks. We found ourselves in a Melbourne football stadium, playing to 80,000 people. Eddie happened to be in town. A lightbulb went off. I knocked on the dressing room door and said: “Bruce, we’re in Australia – Highway to Hell is like the unofficial national anthem. What if we open the show with it, with Eddie?” It was an apex moment in rock’n’roll history. If you think you’ve seen people go apeshit, you haven’t because you weren’t there that night.You recently appealed for help in getting a group of girls out of Afghanistan. What happened?Lanny Cordola, who was a member of the 80s metal band Giuffria, found the religion of love and moved to Afghanistan to help street kids. He took in these orphans and girls who had had tremendous trauma in their lives and started a school where they used music as a rehabilitation tool. He reached out to me and asked if I wanted to do a song with them, so we did a cover of Sweet Dreams (Are Made of This). I played the guitar solo. We became video friends – the girls would send birthday greetings, we’d send hellos. And then their world turned upside down. They’re marked. They were playing western music taught by an American teacher. Their school is destroyed. They’re in hiding right now. We were not able to get them out in the initial push, and now it’s just a matter of keeping them safe. There’s a lot of people who want to help, but as of right now, they’re still there. But they’re safe.During lockdown, you taught your son Roman to play guitar and he ended up collaborating with the 11-year-old drummer and internet sensation Nandi Bushell. How did that come about?They wrote the song, I produced it. Nandi is spectacular – an effervescent soul of joy that the world needs now more than ever. She called up and asked if I wanted to do a song, and I said: “I’d love to, but I’ve got a kid here who’s your age who really can take it from here!” So I said to Roman: “Throw some riffs at me, man”, and he came up with a couple of hot riffs. I put an arrangement together and sent it to Nandi, and asked her what she thought. She said: “It sounds epic!” like she does. And she wrote the lyrics and played the drums on it – she just murdered it, she’s so great. One of the best drummers in the world happens to be 11 years old! It was a reminder of why you started, you know? It was pure joy, pure excellence, pure rock’n’roll.You mentioned your mum earlier. You’ve said before that she’s the most radical member of your family …Yeah, it’s funny – in our discussions at the table, she’s taking positions that I’m just like: “Mom, really?” But that’s always been my household. When I went out into the world, I realised that not every household has these kind of internationalist ideas, the thought of always, always standing up for the person on the lowest rung of the ladder. We were in a middle-class, conservative, ethnically homogenous suburb. She was a teacher at the high school and she taught the kids about Cesar Chavez and the Grape Boycott, Malcolm X, anti-colonialist African studies. I assumed everybody’s mom was like that.She also set up the anti-censorship group Parents for Rock and Rap in the late 80s …Yeah! It was really where the rubber hit the road. She was in a conservative suburb that was trying to censor heavy metal and hip-hop, so that’s where you fight the fight. This was before Rage Against the Machine – nobody knew my name. She was always on some radio show with Ice-T.You’ve said in past interviews that there is a section of your fans who would prefer to deny that you’re Black. Why do you think it bothers them?That would be a better question for them than me, but it bothers them – oh, let me tell you, it does bother them. I think it’s cos it upsets the false narrative they have that music that sounds like mine can only be made by people who look like them. And then me and Slash pop up to say: “No!”Quick GuideSaturday magazine ShowThis article comes from Saturday, the new print magazine from the Guardian which combines the best features, culture, lifestyle and travel writing in one beautiful package. Available now in the UK and ROI.Photograph: GNMYou were criticised recently for your friendship with the rightwing rock star Ted Nugent. What on earth do you two talk about?I got asked to make a video for his 60th birthday. At that point, Ted had become this rightwing caricature, but I really loved his records back in the 70s, so I said yes. I took two tacks: “Things adolescent Tom Morello learned about the birds and the bees from Ted Nugent”, and “things you might be surprised to find Tom and Ted have in common” – like free speech and rock’n’roll. Anyway, he called me up afterwards and we had a discussion about it. People go fucking nuts when you say you’re friends with someone who has his views. I’m very happy to go toe-to-toe with Ted when he gets on his racist stuff, his misogynist stuff, his Trump stuff. I don’t know how often people cause Ted to abandon his opinions these days, but I believe that’s been the case on more than one occasion.The Atlas Underground Fire is released on 15 October on Mom + Pop records.TopicsRage Against the MachineMetalPop and rockUS Capitol attackUS politicsinterviewsReuse this content More

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    The whistleblower who plunged Facebook into crisis

    After a set of leaks last month that represented the most damaging insight into Facebook’s inner workings in the company’s history, the former employee behind them has come forward. Now Frances Haugen has given evidence to the US Congress – and been praised by senators as a ‘21st century American hero’. Will her testimony accelerate efforts to bring the social media giant to heel?

    How to listen to podcasts: everything you need to know

    On Monday, Facebook and its subsidiaries Instagram and WhatsApp went dark after a router failure. There were thousands of negative headlines, millions of complaints, and more than 3 billion users were forced offline. On Tuesday, the company’s week got significantly worse. Frances Haugen, a former product manager with Facebook, testified before US senators about what she had seen in her two years there – and set out why she had decided to leak a trove of internal documents to the Wall Street Journal. Haugen had revealed herself as the source of the leak a few days earlier. And while the content of the leak – from internal warnings of the harm being done to teenagers by Instagram to the deal Facebook gives celebrities to leave their content unmoderated – had already led to debate about whether the company needed to reform, Haugen’s decision to come forward escalated the pressure on Mark Zuckerberg. In this episode, Nosheeen Iqbal talks to the Guardian’s global technology editor, Dan Milmo, about what we learned from Haugen’s testimony, and how damaging a week this could be for Facebook. Milmo sets out the challenges facing the company as it seeks to argue that the whistleblower is poorly informed or that her criticism is mistaken. And he reflects on what options politicians and regulators around the world will consider as they look for ways to curb Facebook’s power, and how likely such moves are to succeed. After Haugen spoke, Zuckerberg said her claims that the company puts profit over people’s safety were “just not true”. In a blog post, he added: “The argument that we deliberately push content that makes people angry for profit is deeply illogical. We make money from ads, and advertisers consistently tell us they don’t want their ads next to harmful or angry content.” You can read more of Zuckerberg’s defence here. And you can read an analysis of how Haugen’s testimony is likely to affect Congress’s next move here. Archive: BBC; YouTube; TikTok; CSPAN; NBC; CBS;CNBC; Vice; CNN More

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    House Capitol attack panel subpoenas key planners of ‘Stop the Steal’ rally

    US Capitol attackHouse Capitol attack panel subpoenas key planners of ‘Stop the Steal’ rallyInvestigators seek documents and testimony from Trump allies and organization that backed rally Hugo LowellThu 7 Oct 2021 16.24 EDTFirst published on Thu 7 Oct 2021 16.15 EDTThe House select committee investigating the Capitol attack on Thursday issued new subpoenas to allies of Donald Trump as well as the organization affiliated with the “Stop the Steal” rally that deteriorated into the 6 January insurrection.The third tranche of subpoenas reflects the select committee’s overarching focus on the extent of Trump White House involvement in planning the Capitol attack, as they target entities connected to top executive branch officials and members of Congress.House select committee investigators issued subpoenas compelling documents and testimony to Ali Alexander, a far-right activist who emerged as the chief architect of the “Stop the Steal” rally, and Nathan Martin, who was connected to permit applications for the rally.Top Trump aides set to defy subpoenas in Capitol attack investigationRead moreThe subpoena letters noted Alexander made repeated references to the use of violence on 6 January, and claimed to have communicated with the White House and members of Congress about plans to stop the certification of Joe Biden’s election win.“Accordingly, the select committee seeks documents and a deposition regarding these and other matters that are within the scope of the select committee’s inquiry,” the panel’s chairman, Bennie Thompson, said in the letters.The select committee also authorized a subpoena for Stop the Steal LLC, the corporation behind the rally. The subpoena letter demanded that the registered custodian of records for the group produce documents and appear for a closed-door deposition later this month.The new subpoenas come a day after the Guardian first reported that Trump’s former White House chief of staff Mark Meadows, deputy chief of staff Dan Scavino, strategist Steve Bannon and defense department aide Kash Patel would resist the orders under instruction from Trump.House investigators had issued the subpoenas to the Trump aides with the threat of criminal prosecution for non-compliance, warning that the penalty for resisting the orders would be far graver under the Biden administration than during the Trump presidency.The argument for Trump pushing the aides to not cooperate with the inquiry is being mounted on claims of executive privilege, arguing that what the former president knew in advance about the Capitol attack should be secret, according to a source familiar with the matter.Alexander was a key figure behind the “Stop the Steal” movement to subvert the 2020 election and said in a since-deleted video that he worked with the Republican congressmen Paul Gosar, Mo Brooks and Andy Biggs to interfere with the certification in order to reinstall Trump as president.“We four schemed up to put maximum pressure on Congress while they were voting,” Alexander said in the video.It was not immediately clear whether Alexander, Martin and George Coleman, the registered agent for Stop the Steal LLC, would comply with the orders. Martin and Alexander have until 21 October to produce documents, and until 28 and 29 October respectively for testimony.TopicsUS Capitol attackHouse of RepresentativesUS politicsUS CongressDonald TrumpnewsReuse this content More

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    Top Trump aides set to defy subpoenas in Capitol attack investigation

    US Capitol attackTop Trump aides set to defy subpoenas in Capitol attack investigationSource says Meadows, Bannon and others will move to undercut House select committee inquiry – under instructions from Trump Hugo Lowell in WashingtonWed 6 Oct 2021 01.30 EDTLast modified on Wed 6 Oct 2021 01.32 EDTFormer Trump White House chief of staff Mark Meadows and other top aides subpoenaed by the House select committee investigating the Capitol attack are expected to defy orders for documents and testimony related to 6 January, according to a source familiar with the matter.The move to defy the subpoenas would mark the first major investigative hurdle faced by the select committee and threatens to touch off an extended legal battle as the former president pushes some of his most senior aides to undercut the inquiry.All four Trump aides targeted by the select committee – Meadows, deputy chief of staff Dan Scavino, strategist Steve Bannon and defense department aide Kash Patel – are expected to resist the orders because Trump is preparing to direct them to do so, the source said.Capitol attack committee issues fresh subpoenas over pre-riot Trump rally Read moreThe select committee had issued the subpoenas under the threat of criminal prosecution in the event of non-compliance, warning that the penalty for defying a congressional subpoena would be far graver under the Biden administration than during the Trump presidency.But increasingly concerned with the far-reaching nature of the 6 January investigation, Trump and his legal team, led by former deputy White House counsel Patrick Philbin, are moving to instruct the attorneys for the subpoenaed aides to defy the orders.The basis for Trump’s pressing aides to not cooperate is being mounted on grounds of executive privilege, the source said, over claims that sensitive conversations about what he knew in advance of plans to stop the certification of Joe Biden’s election victory should remain secret.Philbin appears less convinced than Trump about the strength of the legal argument, the sources said, in part because the justice department previously declined to assert the protection for 6 January testimony, suggesting it did not exist to protect Trump’s personal interests.The former president’s lawyer, sources said, instead seems to view the strategy more as an effective way to slow-walk the select committee, which is aiming to produce a final report before the 2022 midterm elections, to keep the inquiry non-partisan.It was not clear on Tuesday whether Trump would push aides to defy all elements of the subpoenas, the source cautioned – access to some emails or call records demanded by the select committee might be waived.But Trump’s strategy mirrors the playbook he used to prevent House Democrats from deposing his top advisors during his presidency. Former White House counsel Don McGahn, for instance, only testified to congress about the Mueller inquiry once Trump left office.House select committee investigators had demanded that the four Trump aides turn over emails, call records and other documents related to the Capitol attack by Thursday and then appear before the panel for closed-door depositions next week.But with the former president expected to insist to Philbin that Meadows, Scavino, Bannon and Patel mount blanket refusals against the subpoenas, the sources said, the select committee at present appears likely to see none of the requests fulfilled.The move means that House select committee investigators now face the key decision over how to enforce the orders – and whether they make a criminal referral to the justice department after the Thursday deadline for documents or next week’s crunch date for testimony.House select committee chairman Bennie Thompson told reporters recently that he was prepared to pursue criminal referrals to witnesses who defied subpoenas and subpoena deadlines, as the panel escalates the pace of its evidence-gathering part of its investigation.“We’ll do whatever the law allows us to do,” Thompson said last Friday on the subject of prosecuting recalcitrant witnesses. “For those who don’t agree to come in voluntarily, we’ll do criminal referrals.”A spokesperson for the select committee declined to comment about how the panel intended to secure compliance. The legal battle to force some of Trump’s most senior White House aides to comply with the subpoenas – however it is manifested – is likely to lead to constitutional clashes in court that would test the power of Congress’s oversight authority over the executive branch.But members of the select committee in recent days have expressed quiet optimism at least about the potential prosecution of witnesses who might defy subpoenas, in part because of the Biden administration’s public support for the investigation.The select committee said in the subpoena letters to Meadows, Bannon, Scavino and Patel that they were key persons of interest over what they knew about the extent of Trump’s involvement in the Capitol attack, which left five dead and more than 140 injured.Meadows, the former White House chief of staff, remains of special interest to House select committee investigators since he was involved in efforts to subvert the results of the 2020 election and remained by Trump’s side as rioters stormed the Capitol in his name.He was also in contact with Patel over at the defense department, the select committee asserted, and communicated with members of the Women for America First group that planned the ‘Stop the Steal’ rally that deteriorated into the 6 January insurrection.Scavino, the former White House deputy chief of staff, became a person of interest after it emerged that he met with Trump the day before the Capitol attack to discuss how to persuade members of Congress not to certify the election, according to his subpoena letter.The select committee said in the subpoena letter to Bannon that they wanted to hear from Trump’s former chief strategist, who was present at the Willard Hotel on 5 January to strategize with Trump campaign officials how to stop the election certification.Patel, meanwhile, is under scrutiny since he was involved in Pentagon discussions about security at the Capitol before and after the riot. The select committee added they were also examining reports Trump tried to install him as deputy CIA director.TopicsUS Capitol attackUS politicsDonald TrumpTrump administrationRepublicansHouse of RepresentativesUS CongressnewsReuse this content More