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Eric Herschmann, Lawyer in Trump White House, Is Subpoenaed

Eric Herschmann, an attorney who worked in the White House under former President Donald J. Trump, has received a subpoena from a grand jury investigating activities related to the January 6 attack on the Capitol, the latest indication that the investigation of the Ministry of Justice is being intensified, according to two people familiar with the case.

The subpoena asks for documents and testimony from Mr Herschmann, who had access to high-level discussions of plans to nullify the 2020 election, including attempts to interfere with the Justice Department and confiscate voting machines. to take. It was unclear which of the two federal juries had subpoenaed him: One is focused on the January 6 attack itself, and the other has been examining a plan linked to the Trump campaign to try to undo the election results using of false electoral rolls.

In any case, Mr. Herschmann is the fifth top White House official to receive a subpoena to testify in the federal investigation. Others include White House counsel Pat A. Cipollone; his deputy Patrick F. Philbin; and Greg Jacob, Vice President Mike Pence’s top attorney. Mr. Pence’s chief of staff, Marc Short, also testified before a grand jury.

The subpoena sent to Mr. Herschmann is yet another sign of the investigation reaching the inner circle surrounding Mr. Trump, who faces criminal, civil and congressional investigations on several fronts. They include investigations into the mishandling of highly sensitive documents, property overvaluation and his attempts to stay in power after his election loss.

The Justice Department declined to comment. The summons was previously reported by Politico.

Herschmann has become more visible in recent weeks as the House committee investigating the attack has prominently used clips of his behind-the-door testimony for the panel. Sitting in an office with a black baseball bat with the word “justice” in capital letters on the wall behind him, Mr. Herschmann recounted forceful anecdotes and reprimands from the lawyers Mr. Trump had used to try to undo the election.

Herschmann was known for fighting back against the most extreme plans to try and undo the election, including during a runaway Oval Office meeting on December 18, 2020, in which three outside advisers tried to get the president to run the secretary of defense to seize. voting machines to detect fraud and also to appoint special counsel to possibly charge people with crimes.

“It got to the point where the screaming was completely outside,” Mr Herschmann told the committee in a video testimony. ‘I mean, people are coming in – it was late at night, it had been a long day. And what they suggested I thought was crazy.”

Herschmann described a particularly intense moment with one of the outside advisers, Michael T. Flynn, the national security adviser who had fired Mr Trump in his first weeks in office. “Flynn yelled at me that I was a quitter and all, stood and stood and yelled at me,” Mr. Herschmann said. “At one point I had it with him, so I yelled back, ‘Come over or sit down with your f-ing ass back down.’”

“Congratulations,” Mr. Herschmann recalled telling Mr. Clark. “You just admitted that your first step or act you would take as an attorney general would be a crime.”

A day after Jan. 6, Mr. Herschmann said he received an unexpected call from conservative attorney John Eastman, who had been working to keep Mr Trump in office. To Mr Herschmann’s surprise – even after the deadly riot – Mr Eastman still insisted on fighting the election results.

Mr. Herschmann interrupted him.

“I’m going to give you the best free legal advice you’ll ever get in your life,” he recalled saying to Mr Eastman before recommending that you seek a criminal defense attorney, adding: “You will need.”

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