Donald Trump responded to the House January 6 select committee’s subpoena deadline for documents with a letter that sought more time to produce responsive records and cooperate with the investigation into the Capitol attack, according to a source familiar with the matter and a statement from the panel.
The details of the former president’s requests were not clear. But the select committee, appearing to grant Trump an extension, informed Trump’s lawyers that he must produce documents next week and that the summons for his appearance under oath remains in place.
“We have received correspondence from the former president and his counsel in connection with the select committee’s subpoena. We have informed the former president’s counsel that he must begin producing records no later than next week and remains under subpoena for deposition testimony,” the select committee said.
The letter from Trump’s lawyers appears to indicate that the former president is engaging in negotiations with the select committee to stave off the threat of a potential contempt of Congress referral to the justice department, while at the same time slow-walking his cooperation.
Trump has been counseled in recent days that he might not need to cooperate with the panel, depending on the results of the midterm elections next Tuesday, the source said, since any contempt referral would almost certainly be withdrawn by Republicans if they take control of Congress in January.
But if Democrats retained their House majority, the former president has been told, then he might need to more seriously consider the extent of his cooperation with the panel – while also making sure his responses to the select committee’s questions do not leave him with potential legal exposure, for instance by making false statements.
Back at his Mar-a-Lago resort for the winter, Trump has for weeks been at the center of diverging advice from a coterie of lawyers and aides, who have suggested everything from ignoring the subpoena in its entirety to make good on his own idea about testifying as long as he could do so before a live public audience.
The former president, at least for now, appears to have empowered the lawyers suggesting a cautious approach until the midterms. The Dhillon Law Group has been retained to lead talks with the select committee and drafted the letter, which has not been made public, the source said.
A Trump spokesman did not respond to a request for comment and a spokesman for the select committee declined to comment further on the former president’s letter.
Last month, the select committee transmitted a historic subpoena to Trump and his lawyers making sweeping demands for documents and testimony, raising the stakes in the highly charged congressional investigation into the Capitol attack that could yet end up before the supreme court.
The panel demanded that Trump turn over records of all January 6-related calls and texts sent or received, any communications with members of Congress, as well as communications with the far-right Proud Boys and Oath Keepers, extremist groups that stormed the Capitol.
The expansive subpoena ordered Trump to produce documents by 4 November and testify on 14 November about interactions with key advisers who have asserted their fifth amendment right against self-incrimination, including the political operatives Roger Stone and Michael Flynn.
“Because of your central role in each element,” the panel’s chairman, Bennie Thompson, and vice-chair, Liz Cheney, wrote, “the select committee unanimously directed the issuance of a subpoena seeking your testimony and relevant documents in your possession on these and related topics.”
The subpoena also sought materials that appeared destined to be scrutinized as part of an obstruction investigation conducted by the select committee, such as one request that asked for records about Trump’s efforts to contact witnesses and their lawyers before their depositions.
