Attorneys for former President Trump are seeking a judge’s permission to subpoena the former chairman of the House committee that investigated the Jan. 6, 2021, attack on the Capitol, repeating a disputed claim that the panel failed to turn over all the evidence it collected.
The filing from Trump — which also seeks to subpoena six other officials — repeats claims from Rep. Barry Loudermilk (R-Ga.), the House Administration Oversight Subcommittee chairman, that he did not receive the entirety of the panel’s records.
Rep. Bennie Thompson (D-Miss.), who led the nine-member panel, disputed Loudermilk’s claims when he first made them in August. He said the committee turned over all required work products and official records — something that includes transcripts of all witness interviews but not all video recordings that weren’t ultimately used in their hearings.
Trump’s attorneys also asked to subpoena Loudermilk, his committee and the clerk of the House. Thompson, like Loudermilk, would likely be able to resist the subpoena given the protections under the Constitution’s Speech and Debate clause.
He also wants to subpoena the national archivist and attorneys to the White House and the Department of Homeland Security (DHS).
Trump’s claims in court appear to be based entirely on complaints from Loudermilk.
The attorneys cite a letter from Loudermilk to Thompson and a later Fox News story saying the evidence was disorganized and amounted to 2.5 terabytes of the total 4 terabytes collected by the committee. The 2.5 terabytes was everything stored on the committee’s e-discovery platform, while the other data was stored on external hard drives.
Thompson responded that the committee was under no obligation to save every single file it created, including videos of interviews.
“The Select Committee did not archive temporary committee records that were not elevated by the Committee’s actions, such as use in hearings or official publications, or those that did not further its investigative activities. Accordingly, and contrary to your letter’s implication, the Select Committee was not obligated to archive all video recordings of transcribed interviews or depositions,” he wrote in August.
He also praised the panel’s “unprecedented transparency,” noting that a massive tranche of committee’s records were shared publicly ahead of its dissolution.
Still, Trump’s filing elevates a congressional battle discussed little since the summer, and accuses the panel of acting nefariously in turning some sensitive records over to the White House and DHS, saying, “In truth, this was no ‘loan.’”
“President Trump is fully entitled to seek the Missing Records by subpoena. It is also equally important to determine if these records have been lost, destroyed, or altered,” Trump’s lawyer’s write.
Thompson’s office declined to comment Wednesday, while the Committee on House Administration did not immediately respond to request for comment.
Trump’s move, even if approved by the judge, would likely tee up other legal battles if any of those subpoenaed sought to challenge them.